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STATE v. THOMPSON

No. 08CA3032.

2009 Ohio 1115

State of Ohio, Plaintiff-Appellee, v. Ivan W. Thompson, Defendant-Appellant.

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

Released March 11, 2009.

Attorney(s) appearing for the Case

Clifford N. Bugg, Newman, Phillips & Bugg, Chillicothe, Ohio, for appellant.

Michael M. Ater, Ross County Prosecutor, and Jeffrey C. Marks, Ross County Assistant Prosecutor, Chillicothe, Ohio, for appellee.

DECISION AND JUDGMENT ENTRY

HARSHA, J.

{¶1} Early one morning, David Dearth returned home to find a broken door and Ivan W. Thompson in the kitchen eating lasagna. Before the police arrived, Thompson "voluntarily" returned a bottle of prescription medication to Dearth. Based upon this incident, a jury found Thompson guilty of burglary. Now, Thompson contends that the trial court abused its discretion by refusing to grant a mistrial after...

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