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STATE v. MORGAN

No. 97934.

2012 Ohio 4937

STATE OF OHIO, PLAINTIFF-APPELLEE, v. WALTER MORGAN, DEFENDANT-APPELLANT.

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

Released and Journalized: October 25, 2012.

Attorney(s) appearing for the Case

John B. Gibbons , 2000 Standard Building, 1370 Ontario Street, Cleveland, Ohio 44113, Attorney for Appellant.

Timothy J. McGinty , Cuyahoga County Prosecutor, BY: Louis J. Brodnik , Marc D. Bullard , Assistant Prosecuting Attorneys, The Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

BEFORE: Celebrezze, J., Blackmon, A.J., and Sweeney, J.

JOURNAL ENTRY AND OPINION

FRANK D. CELEBREZZE, Jr., J.

{¶1} Appellant, Walter Morgan, asserts on appeal that a new trial is necessary where multiple errors in procedure occurred in the jury instructions and jury deliberations during his trial. He claims the trial court erred in giving a "Howard" charge when the jury instructions and jury forms contained contradictory statements that caused the jury's inability to reach a unanimous...

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