STATE v. AWKAL

Nos. 98532 and 98553.

2012 Ohio 3970

STATE OF OHIO, PLAINTIFF-APPELLANT, v. ABDUL H. AWKAL, DEFENDANT-APPELLEE.

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

RELEASED AND JOURNALIZED: August 30, 2012.


Attorney(s) appearing for the Case

William D. Mason , Cuyahoga County Prosecutor, By: Katherine Mullin , Matthew E. Meyer , Assistant County Prosecutors, 8th Floor Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, ATTORNEYS FOR APPELLANT.

R. Brian Moriarty , R. Brian Moriarty, L.L.C., 2000 Standard Building, 1370 Ontario Street, Cleveland, Ohio 44113, Ngozi Ndulue , Ohio Justice & Policy Center, 215 East Ninth Street, Suite 601, Cincinnati, Ohio 45202, Kevin M. Cafferkey , 2000 Standard Building, 1370 Ontario Street, Cleveland, Ohio 44113, ATTORNEYS FOR APPELLEE.

BEFORE: Blackmon, A.J., Cooney, J., and S. Gallagher, J.


JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, A.J.

{¶1} Appellant state of Ohio ("state") appeals the trial court's decision that found Abdul H. Awkal ("Awkal") incompetent to be executed. Awkal filed a motion to dismiss the appeal. After reviewing the record and pertinent law, we dismiss the state's appeal.

{¶2} Whether the state can appeal from the trial court's determination that a defendant is incompetent...

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