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STATE v. SCHWIETERMAN

No. 10-09-12.

2010 Ohio 102

State of Ohio, Plaintiff-Appellee, v. Nicholas Schwieterman, Defendant-Appellant.

Court of Appeals of Ohio, Third District, Mercer County.

Date of Decision: January 19, 2010.

Attorney(s) appearing for the Case

Eric J. Allen, for Appellant.

Matthew K. Fox, for Appellee.

OPINION

ROGERS, J.

{¶1} Defendant-Appellant, Nicholas Schwieterman, appeals from the judgment of the Court of Common Pleas of Mercer County denying his petition to vacate or set aside his judgment of conviction or sentence. On appeal, Schwieterman argues that the trial court erred in denying his petition without holding an evidentiary hearing; in failing to find that the State violated his due process rights by destroying exculpatory evidence...

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