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STATE v. NOLING

No. 2009-P-0025.

2009 Ohio 3789

State of Ohio, Plaintiff-Appellee, v. Tyrone Lee Noling, Defendant-Appellant.

Court of Appeals of Ohio, Eleventh District, Portage County.

July 31, 2009.

Attorney(s) appearing for the Case

Victor V. Vigluicci, Portage County Prosecutor and Pamela J. Holder, Assistant Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 (For Plaintiff-Appellee).

David M. Laing, and Mark Godsey, Ohio Innocence Project, University of Cincinnati, P.O. Box 210040, Cincinnati, OH 45221-0040 (For Defendant-Appellant).

MEMORANDUM OPINION

CYNTHIA WESTCOTT RICE, J.

{¶1} This matter is before this court upon appellee's motion to dismiss for lack of jurisdiction filed June 12, 2009. No brief or memorandum in opposition to the motion has been filed.

{¶2} In 1995, appellant was indicted on two counts of aggravated murder. Death specifications in each count charged murder in the course of "Aggravated Robbery and/or Aggravated Burglary...

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