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STATE v. HAIRSTON

No. 2002-1998.

101 Ohio St.3d 308 (2004)

2004-Ohio-969

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

Supreme Court of Ohio.

Decided March 17, 2004.

Attorney(s) appearing for the Case

Ron O'Brien, Franklin County Prosecuting Attorney, and Steven L. Taylor, Assistant Prosecuting Attorney, for appellant.

Donald C. Schumacher, for appellee.

William D. Mason, Cuyahoga County Prosecuting Attorney, and Sherry F. McCreary, Assistant Prosecuting Attorney, urging reversal for amicus curiae Cuyahoga County Prosecuting Attorney.

Sherri Bevan Walsh, Summit County Prosecuting Attorney, and Philip D. Bogdanoff, Assistant Prosecuting Attorney, urging reversal for amicus curiae Ohio Prosecuting Attorneys Association.

O'DONNELL, J.

{¶ 1} In this appeal, we are asked to determine whether R.C. 2941.401 places a duty of reasonable diligence on the state to discover the whereabouts of an incarcerated defendant against whom charges are pending.

{¶ 2} Around 1:00 a.m. on September 27, 2000, two men, one of them holding a gun, burst through the back door of Ann and Mike's Bar, shouting at everyone to stay still. Richard Hairston, who had been seated at the...

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