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STATE v. SPIRKO

No. 15-97-12.

127 Ohio App.3d 421 (1998)

The STATE of Ohio, Appellee, v. SPIRKO, Appellant.

Court of Appeals of Ohio, Third District, Van Wert County.

Decided April 29, 1998.

Attorney(s) appearing for the Case

Charles E. Kennedy, Van Wert County Prosecuting Attorney, and Joyce S. Anderson, Franklin County Assistant Prosecuting Attorney, for appellee.

John J. Callahan; Shaw, Pittman, Potts & Trowbridge, Thomas C. Hill and Alvin Dunn; Christopher G. Janney and Anne Marie Longobucco, for appellant.

THOMAS F. BRYANT, Judge.

Appellant, John G. Spirko, appeals from the judgment of the Van Wert County Court of Common Pleas dismissing his second petition for postconviction relief filed on February 10, 1997.

On August 21, 1984, a jury found Spirko guilty of the kidnapping and aggravated murder of Betty Jane Mottinger, the postmaster in Elgin, Ohio. On August 27, 1984, Spirko was sentenced to death.

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