STATE v. McGETTRICK

No. 86-89.

31 Ohio St. 3d 138 (1987)

THE STATE OF OHIO, APPELLANT, v. McGETTRICK, APPELLEE.

Supreme Court of Ohio.

Decided June 24, 1987.


Attorney(s) appearing for the Case

John T. Corrigan, prosecuting attorney, George J. Sadd and Edward M. Walsh, for appellant.

Gold, Rotatori, Schwartz & Gibbons Co., L.P.A., John S. Pyle, Lane, Alton & Horst, Jeff Jurca and Theodore S. Holtz, for appellee.


DOUGLAS, J.

Former Judge McGettrick, a convicted criminal defendant, died while the appeal of his conviction was pending. We are now called upon to decide what effect, if any, his death had on both the pending appeal and the original conviction.

Appellant state of Ohio contends that appellee's death moots the appeal, yet leaves the judgment of the trial court in full force and effect.2 Conversely, appellee's counsel asserts, and...

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