BOWLING GREEN v. GODWIN, 106 Ohio St.3d 1531 (2005)


2005-Ohio-5146, 835 N.E.2d 381

Bowling Green v. Godwin.

2005-1560.Supreme Court of Ohio.
October 5, 2005.

Wood App. No. WD-04-094, 2005-Ohio-3204.

MOTION AND PROCEDURAL RULINGS

On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 2 of the court of appeals’ Decision and Judgment Entry filed August 10, 2005:

“Whether disregard of a traffic control device that lacks the statutorily required authorization can serve as the basis for a traffic stop?”

The conflict cases are State v. Dunfee, Athens App. No. 02CA37, 2003-Ohio-5970, and State v. Walters, Warren App. No. CA2004-04-043, 2005-Ohio-418.

Sua sponte, cause consolidated with 2005-1363, Bowling Green v. Godwin, Wood App. No. WD-04-094, 2005-Ohio-3204.

PFEIFER, J., dissents.