OH12: Def’s petition for discretionary review dismissed for failure to file briefs leaves appellate result intact

The trial court suppressed but the court of appeals reversed. The supreme court granted discretionary review, but it was dismissed for defendant’s failure to file a brief. The case was remanded back to the trial court, and the appellate reversal was law of the case where discretionary review was dismissed. State v. Clayton, 2017-Ohio-8538, 2017 Ohio App. LEXIS 4951 (12th Dist. Nov. 13, 2017).

Investigating a burglary, the officer found the defendant with a baggie of marijuana sticking out of his pocket. That was a valid plain view. State v. Smith, 2017-Ohio-8558, 2017 Ohio App. LEXIS 4968 (1st Dist. Nov. 15, 2017).*

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