STATE v. JACKSON

No. 2003-408.

102 Ohio St.3d 380 (2004)

2004-Ohio-3206

The State of Ohio, Appellant, v. Jackson, Appellee.

Supreme Court of Ohio.

Decided July 14, 2004.


Attorney(s) appearing for the Case

William Mason, Cuyahoga County Prosecuting Attorney, Richard A. Bell and Matthew E. Meyer, Assistant Prosecuting Attorneys, for appellant.

McGinty, Gibbons, Hilow & Spellacy and Henry J. Hilow, Cleveland, for appellee.

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, and Christopher D. Stock, Assistant State Solicitor, urging reversal for amicus curiae Ohio Attorney General.

William F. Schenk, Greene County Prosecuting Attorney, and Andrew J. Hunt, Assistant Prosecuting Attorney, urging reversal for amicus curiae Greene County Prosecuting Attorney.


Lundberg Stratton, J.

I. Introduction

{¶ 1} In this case, we must determine whether Ohio law precludes, using ballots as evidence of ballot tampering. The appellate court held that the "secret ballot rule" precluded use of the ballots as evidence. We disagree and reverse the judgment of the court of appeals.

II. Statement of the Case

{¶ 2} Pursuant to R.C. 3509.08, which permits election...

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