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PRATTS v. HURLEY

Nos. 2003-0392, 2003-0560.

102 Ohio St.3d 81 (2004)

2004-Ohio-1980

Pratts, Appellant, v. Hurley, Appellee.

Supreme Court of Ohio.

Decided May 5, 2004.

Attorney(s) appearing for the Case

Reinhart Law Office and Harry R. Reinhart, for appellant.

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, Stephen P. Carney, Senior Deputy Solicitor, Diane Richards Brey, Deputy Solicitor, and Diane Mallory, Assistant Attorney General, for appellee.

Lundberg Stratton, J.

{¶ 1} We are asked to decide whether the failure of a court to convene a three-judge panel, as required by R.C. 2945.06, deprives the court of subject-matter jurisdiction in a capital case when a defendant has waived the right to trial by jury, so as to render the trial court's judgment void ab initio and subject to collateral attack in habeas corpus.

{¶ 2} Appellant, Ruben Pratts, appeals...

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