Legal Opinion · Dissent

State v. Cupp

Ohio Supreme Court

Decided December 27, 2018No. Nos. 2017-1547; 2017-1701Published

1DissentFrench, J.

{¶ 31} Respectfully, I dissent.

{¶ 32} I agree with the lead opinion that this case is not moot. But in my view, a convicted defendant is entitled to jail-time credit for time spent incarcerated due to his inability to pay bond even if he was serving a sentence on an unrelated case at the same time. I would answer the certified-conflict question in the affirmative and affirm the judgment of the Eleventh District Court of Appeals.

{¶ 33} When statutory language is unambiguous, we need not resort to rules of statutory interpretation-we simply apply the language. Sears v. Weimer , 143 Ohio St.…

2Cases cited7 opinions

  1. Griffin v. IllinoisSupreme Court of the United States · 1956
  2. State v. Bonnell (Slip Opinion)Ohio Supreme Court · 2014
  3. Williams v. IllinoisSupreme Court of the United States · 1970
  4. Tate v. ShortSupreme Court of the United States · 1971
  5. Sears v. WeimerOhio Supreme Court · 1944

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