State v. Bailey

I certainly agree with the result achieved by the court of appeals, as it tracks the reasoning announced in Columbus v. Fisher (1978), 53 Ohio St.2d 25, 7 O.O.3d 78, 372 N.E.2d 583, and Dayton v. Rogers (1979), 60 Ohio St.2d 162, 14 O.O.3d 403, 398 N.E.2d 781. Further, I believe the General Assembly never “intended to make the utterance of unsworn oral misstatements, in response to inquiries initiated by law enforcement officials, punishable conduct.” Fisher, supra, 53 Ohio St.2d at 29, 7 O.O.3d at 80, 372 N.E.2d at 585. However, pursuant to well-established principles of statutory…