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STATE v. LUPARDUS

No. 08CA31.

2008 Ohio 5960

State of Ohio, Plaintiff-Appellee, v. Michael S. Lupardus, Defendant-Appellant.

Court of Appeals of Ohio, Fourth District, Washington County.

File-stamped date: November 13, 2008.

Attorney(s) appearing for the Case

Timothy Young, Ohio Public Defender, and Sarah M. Schregardus, Assistant Ohio Public Defender, Columbus, Ohio, for appellant.

Roland W. Riggs III, Marietta Law Director, and Mark C. Sleeper, Assistant Marietta Law Director, Marietta, Ohio, for appellee.

DECISION AND JUDGMENT ENTRY

Kline, J.

{¶1} Michael S. Lupardus appeals from his operating a vehicle while under the influence ("OVI") conviction in the Marietta Municipal Court. On appeal, Lupardus contends that the trial court erred when it denied his motion to dismiss the charge against him because the State committed a Brady violation when it erased the dashboard videotape, which showed some or all of the field sobriety tests...

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