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· 12/22/2022

Zakel v. State

Citations

  • 2022 Ohio 4637

Syllabus

Application to remove disability 18 U.S.C. 922(g)(9) R.C. 2923.14. The trial court did not make an error of law when it applied the holding in State ex rel. Suwalski v. Peeler, 167 Ohio St.3d 38, 2021-Ohio-4061, 188 N.E.3d 1048, to deny appellant's application for relief from disability. A holding of the Ohio Supreme Court is binding on the trial court as well as the court of appeals and is not subject to lower court review. Accordingly, where Suwalski finds that the courts of common pleas do not have authority to relieve someone of a disability obtained pursuant to federal law, the trial court was bound by that finding.

Judges: Groves

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