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STATE v. BREWER

No. 2007-1755.

121 Ohio St.3d 202 (2009)

2009-Ohio-593

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

Supreme Court of Ohio.

Decided February 18, 2009.

Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecuting Attorney, and Jon W. Oebker and Kristen L. Sobieski, Assistant Prosecuting Attorneys, for appellee.

Robert L. Tobik, Cuyahoga County Public Defender, and Cullen Sweeney, Assistant Public Defender, for appellant.

O'DONNELL, J.

{¶ 1} Samuel Brewer appeals from a decision of the Cuyahoga County Court of Appeals that not only reversed his conviction for gross sexual imposition based upon the improper admission of hearsay testimony, but also determined that the Double Jeopardy Clause did not bar retrial if a trial court erred by admitting evidence tending to support a conviction. We confront the questions of whether an appellate court should consider...

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