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STATE v. ISHMAIL

Nos. 77-577 and 77-578.

54 Ohio St. 2d 402 (1978)

THE STATE OF OHIO, APPELLANT, v. ISHMAIL, APPELLEE. THE STATE OF OHIO, APPELLANT, v. DONALD, APPELLEE.

Supreme Court of Ohio.

Decided June 21, 1978.

Attorney(s) appearing for the Case

Mr. Simon L. Leis, Jr., prosecuting attorney, and Mr. Leonard Kirschner, for appellant in Cases Nos. 77-577 and 77-578.

Mr. Max A. Levin, for appellees in Cases Nos. 77-577 and 77-578.

COOK, J.

The threshold issue in each case is whether a reviewing court can add matter to the record before it, which was not part of the trial court proceedings, and then decide the appeal on the basis of the new matter.

In the causes sub judice, the trial court did not consider the transcript of proceedings of the hearing at which the guilty pleas were entered in denying defendants-appellees' petitions...

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