STATE v. LOVEJOY

No. 96-686.

79 Ohio St.3d 440 (1997)

THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. LOVEJOY, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided September 24, 1997.


Attorney(s) appearing for the Case

Ronald J. O'Brien, Franklin County Prosecuting Attorney, and Joyce S. Anderson, Assistant Prosecuting Attorney, for appellant and cross-appellee.

Dennis C. Belli, for appellee and cross-appellant.


LUNDBERG STRATTON, J.

The issue presented to us in this case is whether the doctrines of double jeopardy and collateral estoppel apply when a jury finds a defendant not guilty as to some counts and is hung as to other counts. We find that these doctrines do not apply where the inconsistency in the responses arises out of inconsistent responses to different counts, not out of inconsistent responses to the same count. In such cases, we further find the prosecution is...

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