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State v. Green

Supreme Court of Ohio · 2025 · Criminal Law
Criminal Lawimprovidently certifiedimprovidently accepteddismissalcertified appealsua spontemootness

Facts

The opinion does not describe the underlying criminal facts. It identifies the parties as the State of Ohio and appellant Ziair Green. The case was before the Supreme Court of Ohio in two docket numbers, one of which involved a stay of briefing. Green filed a motion to unconsolidate the cases, lift the stay, and order briefing.

Issue

Whether the Supreme Court of Ohio should proceed with the certified and accepted causes or instead dismiss them as improvidently certified and accepted. A related question was whether Green's motion to unconsolidate, lift the stay, and order briefing should be granted.

Rule

When the Supreme Court of Ohio determines that causes were improvidently certified and accepted, it may sua sponte dismiss them. Once the causes are dismissed, a pending motion seeking unconsolidation, lifting of a stay, and briefing is denied as moot.

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Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.
In a criminal case from Toledo, the Supreme Court of a state accepted review after the intermediate appellate court certified a conflict. Before any merits briefs were filed, the justices concluded on their own that review had been improvidently certified and accepted.

What is the court most clearly permitted to do under the governing rule?

Explanation. The lead opinion establishes only that when the high court determines a cause was improvidently certified and accepted, it may dismiss the cause sua sponte. The opinion does not require merits briefing, fact-finding, or an advisory explanation before dismissal. (Derived from State v. Green (n.d.).)