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STATE v. LUCKETT

No. 77527.

144 Ohio App.3d 648 (2001)

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

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided July 17, 2001.

Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecuting Attorney, Richard J. Bombik and Saleh S. Awadallah, Assistant Prosecuting Attorneys, for appellant.

David Bodiker, State Public Defender, and Jill E. Stone, Assistant Public Defender; Terry H. Gilbert, for appellee.

MICHAEL J. CORRIGAN, Presiding Judge.

The state of Ohio herein appeals from the judgment of the trial court, subsequent to an evidentiary hearing, to grant the appellee, Frederick F. Luckett, a new trial on two counts each of rape, kidnapping, and robbery, for which he was convicted in 1979. The appellee's motion for a new trial was premised on DNA analysis of a seminal fluid allegedly showing that appellee was excluded...

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