STATE v. LEACH

No. C-020106.

150 Ohio App.3d 567 (2002)

2002-Ohio-6654

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

Court of Appeals of Ohio, First District, Hamilton County.

Decided December 6, 2002.


Attorney(s) appearing for the Case

Michael K. Allen, Hamilton County Prosecuting Attorney, and Paula E. Adams, Assistant Prosecuting Attorney, for appellee.

Arenstein & Gallagher and William R. Gallagher, for appellant.


PAINTER, Presiding Judge.

{¶ 1} We hold that the cumulative effect of the trial court's erroneous admission of evidence denied the appellant, Thomas P. Leach Jr., a fair trial. We also conclude, as part of that holding, that it is error for the state to use a defendant's invocation of his constitutional right to remain silent as substantive evidence of the defendant's guilt in its case-in-chief. This holding applies...

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