STATE v. ROSS

No. 2009-1619.

128 Ohio St.3d 283 (2010)

2010-Ohio-6282

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

Supreme Court of Ohio.

Decided December 28, 2010.


Attorney(s) appearing for the Case

William D. Mason , Summit County Special Prosecuting Attorney, and Matthew E. Meyer , Assistant Prosecuting Attorney, for appellant.

Burdon & Merlitti and Lawrence J. Whitney ; and Jacob A. Cairns , for appellee.

Thomas L. Sartini , Ashtabula County Prosecuting Attorney, and Shelley M. Pratt , Assistant Prosecuting Attorney, urging reversal for amicus curiae Ohio Prosecuting Attorneys Association.

Timothy Young , Ohio Public Defender, and Craig M. Jaquith , Assistant Public Defender, urging affirmance for amicus curiae Ohio Public Defender.


CUPP, J.

{¶ 1} This appeal presents the issue of whether a trial court, having denied a timely filed Crim.R. 29(C) motion for acquittal, may reconsider its ruling and grant the motion based on the defendant's renewed motion filed after the 14-day time period in Crim.R. 29(C) has expired.

{¶ 2} In this case, the trial court denied appellee Denny Ross's timely filed motion for acquittal pursuant to Crim.R. 29(C). However,...

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