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STATE v. DAVIS

No. 91324.

195 Ohio App.3d 123 (2011)

2011-Ohio-2387

The STATE of Ohio, Appellee, v. DAVIS, Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided May 19, 2011.

Attorney(s) appearing for the Case

William D. Mason , Cuyahoga County Prosecuting Attorney, and Brent C. Kirvel and T. Allan Regas , Assistant Prosecuting Attorneys, for appellee.

John F. Corrigan ; and Timothy Young , Ohio Public Defender, and Katherine A. Szudy , Assistant Public Defender, for appellant.

JAMES J. SWEENEY, Judge.

{¶ 1} This appeal is before this court on remand from the Ohio Supreme Court, after it reversed our determination that the failure of a trial court to instruct a spouse on competency and make a finding on the record that the spouse voluntarily chose to testify constitutes reversible plain error. State v. Davis, 127 Ohio St.3d 268, 2010-Ohio-5706, 939 N.E.2d 147, reversing...

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