STATE v. GUNNELL

No. 2010-1636.

132 Ohio St.3d 442 (2012)

2012-Ohio-3236

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

Supreme Court of Ohio.

Decided July 19, 2012.


Attorney(s) appearing for the Case

D. Andrew Wilson , Clark County Prosecuting Attorney, and Andrew R. Picek , Assistant Prosecuting Attorney, for appellant.

James N. Griffin , for appellee.

Murr, Compton, Claypoole & Macbeth and Charles M. Blue , urging affirmance for amicus curiae Alicia McAlmont.

Dennis P. Will , Lorain County Prosecuting Attorney, and Billie Jo Belcher , Assistant Prosecuting Attorney, urging reversal for amicus curiae Ohio Prosecuting Attorneys Association.


O'CONNOR, C.J.

{¶ 1} This case has been litigated on three separate occasions and, after each conviction, the Second District Court of Appeals has found reversible error. Most recently, the appellate court concluded that jeopardy had attached and that the guilty verdicts must be reversed. We are compelled to agree.

{¶ 2} For the reasons that follow, we hold that the trial judge erred during the second trial...

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