STATE v. PERRY

No. 2002-1792.

101 Ohio St.3d 118 (2004)

2004-Ohio-297

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

Supreme Court of Ohio.

Decided February 11, 2004.


Attorney(s) appearing for the Case

Ron O'Brien, Franklin County Prosecuting Attorney, and Laura M. Rayce, Assistant Prosecuting Attorney, for appellant.

Joseph E. Scott Co., L.P.A., and Joseph E. Scott, for appellee.

David L. Strait, urging affirmance for amicus curiae Ohio Association of Criminal Defense Lawyers.


MOYER, C.J.

{¶ 1} The question presented in this case is whether the failure of the trial court to maintain written jury instructions with the "papers of the case" in violation of R.C. 2945.10(G) is cause for the automatic reversal of a defendant's conviction.

I

{¶ 2} On February 9, 2001, the Franklin County Grand Jury indicted defendant-appellee, Michael L. Perry, for kidnapping, cunnilingus rape, vaginal rape, and gross sexual...

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