So say two of the three judges on an Ohio Court of Appeals panel, in State v. Shover (Ohio Ct. App. Feb. 5, 2014)
(Carr, J., concurring in the judgment, with Hensal, J., agreeing on
this score) (some paragraph breaks added) — and generally quite
correctly, it seems to me:
More Here at The Volokh Conspriracy
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