State v. McGlothan

{¶ 19} I respectfully dissent. The majority reverses the judgment of the Eighth District Court of Appeals and “reinstated the judgment of the trial court finding McGlothan guilty of domestic violence.” Majority opinion, ¶ 18. However, in his appeal to the Eighth District, McGlothan raised the issue of allied offenses in his fifth assignment of error, which the court of appeals held was moot. 8th Dist. Cuyahoga No. 97212, 2012-Ohio-4049, 2012 WL 3862138, ¶ 43. At the very least, the majority should remand the case to the court of appeals for resolution of McGlothan’s fifth assignment of error…