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Thursday, April 9, 2009

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2007-2373.  State v. Boswell, Slip Opinion No. 2009-Ohio-1577.
Cuyahoga App. Nos. 88292 and 88293, 2007-Ohio-5718.  Cause remanded to the trial court for further proceedings.
Moyer, C.J., and Pfeifer, O'Connor, O'Donnell, and Cupp, JJ., concur.
Lundberg Stratton and Lanzinger, JJ., dissent.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-1577.pdf
Summary: When Original Sentence Is Void, Court Must Consider Motion to Withdraw Guilty Plea as Presentence Motion

2008-0582.  State v. Silverman, Slip Opinion No. 2009-Ohio-1576.
Montgomery App. No. 22097, 176 Ohio App.3d 12, 2008-Ohio-618.  Judgment reversed, and judgment of the trial court reinstated.
Lundberg Stratton, O'Connor, O'Donnell, and Cupp, JJ., concur.
Moyer, C.J., and Pfeifer and Lanzinger, JJ., dissent.
http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2009/2009-Ohio-1576.pdf
Summary: Hearsay Testimony Relating Child’s Statement Is Admissible Without Test of Child’s Competence

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