STATE v. HAMPTON

No. 2011-1473.

134 Ohio St.3d 447 (2012)

2012-Ohio-5688

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

Supreme Court of Ohio.

Decided December 6, 2012.


Attorney(s) appearing for the Case

Ron O'Brien , Franklin County Prosecuting Attorney, and Steven L. Taylor , Chief Counsel, Appellate Division, for appellant.

Tyack, Blackmore, Liston & Nigh Co., L.P.A., and Jonathan T. Tyack , for appellee.

Michael DeWine , Attorney General, Alexandra T. Schimmer , Solicitor General, Lauren S. Kuley , Deputy Solicitor, pro hac vice, and Morgan A. Linn , Assistant Attorney General, urging reversal for amicus curiae Ohio Attorney General.

Timothy Young , Ohio Public Defender, and Valerie Kunze , Assistant Public Defender, urging affirmance for amicus curiae Ohio Public Defender.

Robert L. Tobik , Cuyahoga County Public Defender, and John T. Martin , Assistant Public Defender, urging affirmance for amicus curiae Cuyahoga County Public Defender.


LANZINGER, J.

{¶ 1} The issue in this appeal is whether a judgment of a court purporting to grant an acquittal based on lack of venue is a "final verdict" as that term is defined in R.C. 2945.67(A), which authorizes the state to appeal certain trial court decisions either as a matter of right or by leave of court. In accordance with well-established case law, the Tenth District Court of Appeals concluded here that the order purporting to acquit Emmanuel...

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