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STATE v. ORIANS

No. 13-08-15.

179 Ohio App.3d 701 (2008)

2008-Ohio-6185

The STATE of Ohio, Appellee, v. ORIANS, Appellant.

Court of Appeals of Ohio, Third District, Seneca County.

Decided December 1, 2008.

Attorney(s) appearing for the Case

Ken Egbert Jr., Seneca County Prosecuting Attorney, and Damon Alt, Assistant Prosecuting Attorney, for appellee.

Richard A. Kahler, for appellant.

ROGERS, Judge.

{¶ 1} Defendant-appellant, Kevin J. Orians, appeals the judgment of the Tiffin Municipal Court convicting him of operating a vehicle while under the influence of alcohol. On appeal, Orians contends that the trial court erred in its special instruction to the jury regarding his refusal to submit to a chemical test. Orians argues that the trial court's special instruction was not neutral and was slanted in

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