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IN RE KIRBY

No. 2003-0189.

101 Ohio St.3d 312 (2004)

2004-Ohio-970

IN RE KIRBY,

Supreme Court of Ohio.

Decided March 17, 2004.

Attorney(s) appearing for the Case

Ruppert, Bronson, Ruppert & D'Amico Co., L.P.A., Rupert E. Ruppert and Jeffrey A. Ruppert, for appellant.

William E. Peelle, Clinton County Prosecuting Attorney, and David M. Henry, Assistant Prosecuting Attorney, for appellee.

O'DONNELL, J.

{¶ 1} Gary Lee Kirby, a juvenile, appeals from the appellate court's decision affirming the judgment of the Warren County juvenile court, which found him delinquent, based upon conduct that, if committed by an adult, would have resulted in convictions for two counts of rape of a child under the age of 13 (R.C. 2907.02[A][1][b]).

{¶ 2} Kirby has maintained that he is innocent...

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