State of Ohio, Plaintiff-Appellee,
v.
Jeanne Sutton, Defendant-Appellant.
Court of Appeals of Ohio, Seventh District, Mahoning County.https://leagle.com/images/logo.png
Dated: March 11, 2009.
Dated: March 11, 2009.
Attorney(s) appearing for the Case
Attorney Paul Gains, Prosecuting Attorney, Attorney Ralph Rivera, Assistant Prosecuting Attorney, 21 West Boardman Street, 6th Floor, Youngstown, Ohio 44503, for Plaintiff-Appellee.
Attorney Scott Cochran, 19 East Front Street, Youngstown, Ohio 44503, for Defendant-Appellant.
Before: Hon. Joseph J. Vukovich, Hon. Cheryl L. Waite, Hon. Mary DeGenaro.
Court of Appeals of Ohio, Seventh District, Mahoning County.
OPINION
VUKOVICH, P.J.
{¶1} Defendant-appellant Jeanne Sutton appeals the decision of County Court No. 2 which denied her motion to dismiss. She contends that she was deprived of materially exculpatory evidence when law enforcement taped over the video recording of her stop and arrest for operating a vehicle while intoxicated (OVI). However, we conclude that the tape was merely "potentially useful", not materially exculpatory, and that...
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