STATE v. TREHARN

No. 08 MA 112.

2009 Ohio 2638

State of Ohio, Plaintiff-Appellee, v. James Treharn, Defendant-Appellant.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Dated: June 3, 2009.


Attorney(s) appearing for the Case

Paul Gains, Prosecuting Attorney, Meghan Brundege, Ralph Rivera, Assistant Prosecuting Attorneys, 21 West Boardman Street, 6th Floor, Youngstown, Ohio 44503, for Plaintiff-Appellee.

Pete Klimis, 4123 Youngstown-Poland Road, Youngstown, Ohio 44514, for Defendant-Appellant.

Judges: Hon. Joseph J. Vukovich, Hon. Cheryl L. Waite, Hon. Mary DeGenaro.


OPINION

VUKOVICH, P.J.

¶{1} Defendant-appellant James Treharn appeals from his conviction of domestic violence entered after a jury trial in Mahoning County Court No. 5. The main issue on appeal is whether the court abused its discretion in failing to exclude a photograph that was not disclosed until the day of trial and in refusing to grant a mistrial based upon the failure to disclose the alleged victim's written statement until mid-trial...

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