STATE v. KVASNE

Nos. 86805 and 86915.

169 Ohio App.3d 167 (2006)

2006-Ohio-5235

The STATE of Ohio, Appellant and Cross-Appellee, v. KVASNE, Appellee and Cross-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided October 5, 2006.


Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecuting Attorney, and Colleen Reali, Assistant Prosecuting Attorney., for appellant and cross-appellee.

Thomas A. Rein, for appellee and cross appellant.


ROCCO, Judge.

{¶ 1} Following a trial to the bench, appellant and cross-appellee, the state of Ohio, appeals from that part of the trial court's order that dismissed the first count of the indictment against appellee and cross-appellant, Joseph Kvasne. The court found that in light of the Ohio Constitution's new Article XV, Section 11 ("Issue I"), the state could not pursue a conviction against Kvasne for the offense of domestic violence.

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