State v. Cupp

{¶ 25} I disagree with the majority's decision to resolve this certified-conflict case and jurisdictional appeal. The death of appellee, Adam R. Cupp, renders the cases, which were consolidated for review, *816151 Ohio St.3d 1525, 2018-Ohio-557, 91 N.E.3d 756, moot. Therefore, I would dismiss the appeal.

{¶ 26} The lead opinion relies upon the jurisdiction conferred upon the court by the Ohio Constitution, Article IV, Section 3 (B)(4) and the absence in that section of language suggesting the death of a party affects jurisdiction. However, Article IV, Section 3(B)(4) does not mandate that the…