State v. Gallagher

Following our judgment in this case, appellee appealed to the Supreme Court of the United States. That court granted certiorari (420 U. S. 1003), and, under a mandate of April 5, 1976, vacated our judgment and remanded the cause to this court “to permit * * * [this] court to explicate whether or not * * * [our] judgment relies on federal law.” 44 L. W. 4475, 4476.

Preceding and explanatory of the quoted mandate are the following statements of the majority of the court:

“From the briefs and oral argument, we are unable to determine whether the Ohio Supreme Court rested its decision upon the…