Legal Opinion
State v. Fairbanks
Ohio Supreme Court
Decided April 3, 2008No. 2006-1529PublishedCited by 10 opinions
1Opinion of the CourtCupp, J.
{¶ 1} The issue presented in this case is whether reckless operation of a vehicle, R.C. 4511.20, is a lesser included offense of failure to comply with an order or signal of a police officer, R.C. 2921.331(B), when the failure-to-comply charge is accompanied by a specification of causing a substantial risk of serious physical harm to persons or property pursuant to R.C. 2921.331(C)(5)(a)(ii). We hold that it is not.
Facts and Procedural History
{¶ 2} On October 12, 2003, appellee Paul Fairbanks was pursued by a police officer for driving his motor vehicle over the center line. While attempting…
2Cases cited7 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Iannelli v. United StatesSupreme Court of the United States · 1975
- State v. DeemOhio Supreme Court · 1988
- State v. JordanOhio Supreme Court · 2000
- State v. WacOhio Supreme Court · 1981
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. ClayOhio Court of Appeals · 2009
- State v. SmithOhio Supreme Court · 2009
- State v. VariOhio Court of Appeals · 2010
- State v. Alvarez, 4-08-02 (10-6-2008)Ohio Court of Appeals · 2008
- State v. SouthamOhio Court of Appeals · 2018
5 more not listed; retrieve them via the Exa API.