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STATE, EX REL. HURT, v. KISTLER

No. 90-2238.

63 Ohio St.3d 307 (1992)

THE STATE, EX REL. HURT, APPELLANT, v. KISTLER, JUDGE, APPELLEE.

Supreme Court of Ohio.

Decided March 25, 1992.

Attorney(s) appearing for the Case

Randall M. Dana, Public Defender, Randall L. Porter, Dale A. Baich and Steven R. Layman, for appellant.

Jeffrey M. Welbaum, Prosecuting Attorney, and Jane Skogstrom, for appellee John M. Kistler.

Per Curiam.

It is necessary for us to resolve the apparent inconsistencies in the application of App.R. 9(A), C.P.Sup.R. 10(A), the Criminal Rules, and R.C. 2301.20 to this appeal.

In State v. DePew (1988), 38 Ohio St.3d 275, 278, 528 N.E.2d 542, 548, at fn. 1, we stated:

"* * * `[I]n all capital cases the trial proceedings shall include a written transcript of the record made during the trial...

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