STATE v. TINNEY

No. 2011 CA 41.

2012 Ohio 72

State of Ohio, Plaintiff-Appellant, v. Glenn Tinney, Defendant-Appellee.

Court of Appeals of Ohio, Fifth District, Richland County.

DATE OF JUDGMENT ENTRY: January 9, 2012.


Attorney(s) appearing for the Case

JAMES J. MAYER, JR. , PROSECUTING ATTORNEY, BAMBI COUCH PAGE , ASSISTANT PROSECUTOR, 38 South Park Street, Mansfield, Ohio 44902, for Plaintiff-Appellant.

KARLA MARKLEY HALL , OHIO INNOCENCE PROJECT, UNIVERSITY OF CINCINNATI, COLLEGE OF LAW, Post Office Box 21040, Cincinnati, Ohio 45221-0040, for Defendant-Appellee.

Before: William B. Hoffman, P. J., John W. Wise, J., Julie A. Edwards, J.


OPINION

WISE, J.

{¶1} Appellant State of Ohio appeals the decision of the Court of Common Pleas, Richland County, which granted Appellee Glenn Tinney's post-sentence motion to withdraw his 1992 pleas of guilty for the murder of Ted White and a related aggravated robbery charge. The relevant facts leading to this appeal are as follows.

{¶2} In 1988, Ted White, the owner of a Mansfield waterbed business was struck...

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