[Cite as State v. Crager, 123 Ohio St.3d 1210, 2009-Ohio-4760.]




                 THE STATE OF OHIO, APPELLANT, v. CRAGER, APPELLEE.
             [Cite as State v. Crager, 123 Ohio St.3d 1210, 2009-Ohio-4760.]
             (Nos. 2006-0294 and 2006-0298 — Submitted August 11, 2009 —
                             Decided September 17, 2009.)
         APPEAL from and CERTIFIED by the Court of Appeals for Marion County,
                No. 9-04-54, 164 Ohio App.3d 816, 2005-Ohio-6868.
          ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
                                ____________________
        {¶ 1} This court issued its judgment in this cause on December 27, 2007.
State v. Crager, 116 Ohio St.3d 369, 2007-Ohio-6840, 879 N.E.2d 745.
        {¶ 2} On June 29, 2009, the Supreme Court of the United States vacated
that judgment and remanded the cause to this court for further consideration in
light of Melendez-Diaz v. Massachusetts (2009), 557 U.S. ___, 129 S.Ct. 2527,
174 L.Ed.2d 314. Crager v. State, ___ U.S. ___, 129 S.Ct. 2856, 174 L.Ed.2d
598.
        {¶ 3} Because the trial court has not had an opportunity to address the
admissibility of the DNA evidence admitted at the trial in light of the holding in
Melendez-Diaz v. Massachusetts, we sua sponte vacate the judgment of the trial
court and remand the cause to the trial court for a new trial consistent with
Melendez-Diaz v. Massachusetts.
        MOYER,      C.J.,    and    PFEIFER,    LUNDBERG          STRATTON,   O’CONNOR,
O’DONNELL, and LANZINGER, JJ., concur.
        CUPP, J., not participating.
                                   __________________
        Brent Yager, Marion County Prosecuting Attorney, for appellant.
        Collins & Lowther, L.P.A., and Kevin P. Collins, for appellee.
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