STATE V EMPE

No. 90333.

2008 Ohio 3803

State of Ohio, Plaintiff-Appellant, v. Ruel Empe, Defendant-Appellee.

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

RELEASED: July 31, 2008.


Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecutor, By: Thorin Freeman, Matthew Waters, Assistant County Prosecutors, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, OH 44113, Attorneys for Appellant.

Robert L. Tobik, Cuyahoga County Public Defender, By: John T. Martin, Assistant Public Defender, 310 Lakeside Avenue, Suite 200, Cleveland, OH 44113, Attorneys for Appellee.

Stewart, J., Blackmon, P.J., and Dyke, J.


JOURNAL ENTRY AND OPINION

MELODY J. STEWART, J.:

{¶ 1} This is a discretionary appeal from a judgment of the Cuyahoga County Court of Common Pleas, for which leave was granted pursuant to R.C. 2945.67(A). Appellant, the state of Ohio, wished to appeal the trial court's refusal to certify one of the state's witnesses as an "expert" witness.

{¶ 2} R.C. 2945.67(A) provides that the state may appeal as a matter of...

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