State v. Harper
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THE STATE OF OHIO, APPELLANT, v. HARPER, APPELLEE. [Cite as State v. Harper (1995), ___ Ohio St.3d ___.] Criminal procedure Motion to suppress is proper pretrial procedure for challenging the admissibility of breathalyzer test results. (No. 95-1054 Submitted September 12, 1995 Decided October 18, 1995.) APPEAL from the Court of Appeals for Logan County, No. CA94-08-8014. ___________________ William T. Goslee, Chief City Prosecutor, for appellant. David R. Evans, for appellee. ___________________ The discretionary appeal is allowed. The judgment of the court of appeals is reversed on the authority of State v. French (1995), 72 Ohio St.3d 446, 650 N.E.2d 887. MOYER, C.J., F.E. SWEENEY, PFEIFER and COOK, JJ., concur. DOUGLAS, WRIGHT and RESNICK, JJ., dissent.
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