State v. Jones, 120 N.E.3d 865, 2019 Ohio 1315, 155 Ohio St. 3d 1418 (2019)

April 10, 2019 · Supreme Court of Ohio · 2019-0187

120 N.E.3d 865, 2019 Ohio 1315, 155 Ohio St. 3d 1418

STATE
v.
JONES

2019-0187

Supreme Court of Ohio.

April 10, 2019

MOTION AND PROCEDURAL RULING

On review of an order certifying a conflict. The court determines that a conflict exists. The parties are ordered to brief the issue stated at page 1 of the court of appeals' entry filed January 11, 2019: "Where the state is permitted to exercise more than its allotted number of peremptory challenges in a criminal prosecution, does that circumstance constitute structural error requiring automatic reversal of a conviction, or is the defendant-appellant required to demonstrate that prejudice has resulted from the error?"

The conflict case is State v. Holloway, 129 Ohio App.3d 790, 719 N.E.2d 70 (10th Dist.1998).

KENNEDY, DEWINE, and DONNELLY, JJ., dissent.