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IN RE SPECIAL GRAND JURY INVESTIGATION CONCERNING ORGANIC TECHNOLOGIES

No. 97-1506.

84 Ohio St.3d 304 (1999)

IN RE SPECIAL GRAND JURY INVESTIGATION CONCERNING ORGANIC TECHNOLOGIES.

Supreme Court of Ohio.

Decided January 13, 1999.

Attorney(s) appearing for the Case

Bricker & Eckler, L.L.P., Michael S. Holman, Warren I. Grody and Kimberly J. Brown; McFadden, Winner & Savage and Mary Jane McFadden, for appellant Wiley Organics, Inc., d.b.a. Organic Technologies.

Betty D. Montgomery, Attorney General, William A. Klatt, Christopher Jones and Robert E. Ashton, Assistant Attorneys General; Robert L. Becker, Licking County Prosecuting Attorney, and Kenneth W. Oswalt, Assistant Prosecuting Attorney, for appellee state of Ohio.

Lora L. Manon, Hardin County Prosecuting Attorney, urging affirmance for amicus curiae, Ohio Prosecuting Attorneys' Association.

MOYER, C.J.

The issues before us are (1) whether the trial court improperly excluded Organic and its counsel from the hearing process, and (2) if excluding Organic from the hearing was proper, whether the trial court correctly determined that the state did not violate Crim.R. 6(E).

We hold that the trial court abused its discretion in barring Organic and its counsel from the evidentiary hearing and...

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