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STATE v. COLLINS

No. 99-1146.

89 Ohio St.3d 524 (2000)

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

Supreme Court of Ohio.

Decided September 6, 2000.

Attorney(s) appearing for the Case

Julia R. Bates, Lucas County Prosecuting Attorney, and Eric A. Baum, Assistant Prosecuting Attorney, for appellant.

Boyk, McCulley & Crossmock and Charles E. Boyk, for appellee.

Timothy A. Oliver, Warren County Prosecuting Attorney, and Derek B. Faulkner, Assistant Prosecuting Attorney, urging reversal for amicus curiae, Ohio Prosecuting Attorneys' Association.

Betty D. Montgomery, Attorney General, David M. Gormley, Associate Solicitor, and Alejandro Almaguer, Assistant Solicitor, urging reversal for amicus curiae, Attorney General of Ohio.

MOYER, C.J.

In his brief in the court of appeals, Collins argued that the following statements made by the prosecutor during closing argument constituted an attempt to shift the burden of proof to him, thereby depriving him of a fair trial:

"1. `The defense offered no testimony that Donald Collins paid directly to the mother.'

"2. `No canceled checks or copies of money orders were ever presented...

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