Legal Opinion

State v. Cooper

Ohio Court of Appeals

Decided May 20, 1997No. 96APC09-1154PublishedCited by 5 opinions

1Opinion of the Court

Lazarus, Judge.

Plaintiff-appellant, the state of Ohio, appeals from entries of the Franklin County Municipal Court excluding from evidence the results of a breath test administered to defendant-appellee, Craig S. Cooper, and dismissing the OMVI per se charge against him. The state asserts one assignment of error:

“The trial court erred in finding that the approval of the relevant calibration solution was so flawed that it was ineffective to demonstrate substantial compliance with Ohio Administrative Code 3701-53-04.”

Because the trial court abused its discretion in excluding the results of the…

Also in this document: Concurrence.

2Cases cited22 opinions

  1. United States v. GiordanoSupreme Court of the United States · 1974
  2. Fleming v. Mohawk Wrecking & Lumber Co.Supreme Court of the United States · 1947
  3. State v. FrenchOhio Supreme Court · 1995
  4. City of Defiance v. KretzOhio Supreme Court · 1991
  5. Brown Group, Inc. v. Administrative Hearing CommissionSupreme Court of Missouri · 1983

17 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. PeprahFranklin County Municipal Court · 2006
  2. State v. ScurtiOhio Court of Appeals · 2003
  3. Akron v. Tomko, Unpublished Decision (11-3-1999)Ohio Court of Appeals · 1999
  4. State v. Dye, Unpublished Decision (4-28-1999)Ohio Court of Appeals · 1999
  5. State v. PrichardOhio Court of Appeals · 2026

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