State v. Pembaur

Section 3 of Article IV of the Ohio Constitution provides, in part:

“(A) The state shall be divided by law into compact appellate districts in each of which there shall be a court of appeals consisting of three judges. * * * In districts having additional judges, three judges shall participate in the hearing and disposition of each case. * * *

“[B](3) A majority of the judges hearing the cause shall be necessary to render a judgment. * * * ”

Thus, under the Ohio Constitution, a valid judgment of a Court of Appeals must have the concurrence of at least two judges. In the case at bar, this…