State v. Forrest

{¶ 1} This case presents the question whether a three-judge panel of appellate judges — instead of the full court — may review a party’s application for en banc consideration in order to determine whether an intradistrict conflict exists. We hold that it may.

Facts and Procedural History

{¶ 2} On May 16, 2009, appellee, Al E. Forrest, was sitting in a parked vehicle on Omar Drive in Columbus. A Columbus police officer approached the vehicle, observed Forrest’s behavior, and ordered Forrest to exit the car. Forrest ignored the officer, so the officer opened the door and pulled Forrest out. As he…