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STATE v. BRADY

No. 2007-0742.

119 Ohio St.3d 375 (2008)

2008-Ohio-4493

THE STATE OF OHIO, Appellant, v. BRADY, Appellee.

Supreme Court of Ohio.

Decided September 11, 2008.

Attorney(s) appearing for the Case

Thomas L. Sartini, Ashtabula County Prosecuting Attorney, and Shelley M. Pratt, Assistant Prosecuting Attorney, for appellant.

Dean Boland, for appellee.

O'DONNELL, J.

I. Introduction

{¶ 1} The state appeals from a decision of the Ashtabula County Court of Appeals affirming the trial court's dismissal of the state's case against Daniel Brady, which consisted of 50 counts of pandering obscenity and sexually oriented material involving a minor.

{¶ 2} Two issues are presented on this appeal: whether a trial court may consider evidence beyond the face of...

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