State ex rel. DeWine v. Burge

{¶ 23} I respectfully dissent from the court’s decision to deny the motions for reconsideration in this case. The factual background and procedural posture of this case are undeniably exceptional. Based on the unique circumstances here, I no longer agree that Judge Burge patently and unambiguously lacked jurisdiction to proceed. Furthermore, our precedent recognizes that double jeopardy prevents this acquittal from being reviewed.

I. Motion to Reconsider

{¶ 24} Although I concurred in the January 27 opinion granting the writ, after reconsideration, I have concluded that the proper course of…