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STATE v. MATTISON

No. 90155.

2008 Ohio 4090

State of Ohio, Plaintiff-Appellant, v. Artis Mattison, Defendant-Appellee.

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

Released: August 14, 2008.

Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecutor, By: Patrick Thomas, Assistant County Prosecutor, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, OH 44113, Attorneys for Appellant.

James R. Willis, 323 W. Lakeside Avenue, Suite 420, Cleveland, OH 44113-1009, Attorney for Appellee.

Before: Stewart, J., Rocco, P.J., and Celebrezze, J.

JOURNAL ENTRY AND OPINION

MELODY J. STEWART, J.

{¶ 1} The sole assignment of error in this appeal by the state of Ohio is that the court abused it discretion by dismissing the indictment against defendant-appellee Artis Mattison with prejudice on grounds that the state provoked a mistrial. We find that the court did not abuse its discretion by declaring a mistrial, so we affirm.

I

{¶ 2} The facts are...

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