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STATE v. McCALEB

No. CA2009-01-002.

2009 Ohio 6554

State of Ohio, Plaintiff-Appellee, v. Joseph McCaleb, Defendant-Appellant.

Court of Appeals of Ohio, Twelfth District, Madison County.

December 14, 2009.

Attorney(s) appearing for the Case

Stephen J. Pronai, Madison County Prosecuting Attorney, Gregory T. Merritt, 59 North Main Street, London, OH 43140, for plaintiff-appellee.

J. Michael Murray, 8 East Main Street, West Jefferson, OH 43162, for defendant-appellant.

OPINION

YOUNG, P.J.

{¶1} Defendant-appellant, Joseph McCaleb, appeals his conviction in the Madison County Municipal Court for one count of making a false allegation of police officer misconduct. We reverse the decision of the trial court.

{¶2} On the morning of June 12, 2008, Trooper Mark Woodring was patrolling traffic on Interstate 70, traveling westbound in his marked Highway Patrol cruiser. He noticed a car...

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