STATE v. CUTTS

No. 2008CA00079.

2009 Ohio 3563

State of Ohio, Plaintiff-Appellee, v. Bobby Lee Cutts, Jr., Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Stark County.

DATE OF JUDGMENT ENTRY: July 22, 2009.


Attorney(s) appearing for the Case

John D. Ferrero, Prosecuting Attorney, Ronald Mark Caldwell, Kathleen O. Tatarsky, Assistant Prosecutors, 110 Central Plaza South, Suite 510, Canton, Ohio 44702-1413, for Plaintiff-Appellee.

Carolyn Kaye Ranke, Myron P. Watson, Fernando Mack, 420 Lakeside Place, 323 West Lakeside Avenue, Cleveland, Ohio 44113, for Defendant-Appellant.

Before: Hon. William B. Hoffman, P. J., Hon. John W. Wise, J., Hon. Patricia A. Delaney, J.


OPINION

WISE, J.

{¶1} On August 23, 2007, the Stark County Grand Jury indicted Appellant, Bobby Lee Cutts, Jr., on seven counts involving the homicide of Jessie Marie Davis and her unborn child. The Indictment charged Appellant with one count of aggravated murder in the death of Davis, in violation of R.C. §2903.01(B), carrying two death penalty specifications ("Count One"); one count of aggravated murder for the unlawful termination...

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