STATE v. PASQUALONE

No. 2007-2443.

121 Ohio St.3d 186 (2009)

2009-Ohio-315

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

Supreme Court of Ohio.

Decided February 4, 2009.


Attorney(s) appearing for the Case

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

Guarnieri & Secrest, P.L.L., and Deborah L. Smith, for appellee.

Richard Cordray, Attorney General of Ohio, Benjamin C. Mizer, Solicitor General, Elisabeth A. Long, Deputy Solicitor, and Kelly A. Borchers, Assistant Solicitor, urging reversal for amicus curiae, Attorney General of Ohio.


O'CONNOR, J.

{¶ 1} In this case, a state laboratory analyst tested a substance that was found in the possession of defendant-appellee, Thomas Pasqualone, during a traffic stop. It was determined to be cocaine. Under R.C. 2925.51, Pasqualone could have demanded that the analyst testify at his trial by following the statutory procedures upon his receipt of the analyst's report prior to trial. He did not do so, and the report was admitted...

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