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STATE v. McCAUSLAND

No. 2008-2415.

124 Ohio St.3d 8 (2009)

2009-Ohio-5933

THE STATE of Ohio, Appellee, v. McCAUSLAND, Appellant.

Supreme Court of Ohio.

Submitted September 29, 2009.

Attorney(s) appearing for the Case

Robin N. Piper, Butler County Prosecuting Attorney, Michael A. Oster Jr., Chief, Appellate Division, and Gloria J. Sigman, Assistant Prosecuting Attorney, for appellee.

Matthew T. Ernst and Adam Bleile, for appellant.

Richard Cordray, Attorney General, Benjamin C. Mizer, Solicitor General, Alexandra T. Schimmer, Chief Deputy Solicitor, and Eric A. Baum, Assistant Solicitor, urging affirmance for amicus curiae, Ohio Attorney General.

LUNDBERG STRATTON, J.

{¶ 1} Today this court must decide whether a defendant is denied the Sixth Amendment right to counsel when he or she has the opportunity to request a closing argument but fails to do so and then fails to object to its omission. Because we hold that the right to closing argument can be waived, we affirm the judgment of the court of appeals.

Facts

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