STATE v. CHAPPELL

No. 2009-2131.

127 Ohio St.3d 376 (2010)

2010-Ohio-5991

THE STATE OF OHIO, Appellant, v. CHAPPELL, Appellee.

Supreme Court of Ohio.

Decided December 15, 2010.


Attorney(s) appearing for the Case

William D. Mason , Cuyahoga County Prosecuting Attorney, and Thorin Freeman , Assistant Prosecuting Attorney, for appellant.

Joseph T. McGinness , for appellee.

Richard Cordray , Attorney General, Benjamin C. Mizer , Solicitor General, and Emily S. Schlesinger , Deputy Solicitor, urging reversal for amicus curiae, Ohio Attorney General.


O'CONNOR, J.

{¶ 1} This appeal involves the construction of the term "criminally" in R.C. 2923.24(A), which proscribes the possession of criminal tools, i.e., the possession of "any substance, device, instrument, or article, with purpose to use it criminally." Appellant, the state of Ohio, asserts that the plain meaning of the word "criminally" embraces all criminal purposes, including...

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