STATE v. SMITH

No. 12 MA 64.

2013 Ohio 342

STATE OF OHIO, PLAINTIFF-APPELLANT, v. LARRY LEE SMITH, DEFENDANT-APPELLEE.

Court of Appeals of Ohio, Seventh District, Mahoning County.

February 1, 2013.


Attorney(s) appearing for the Case

Paul Gains , Prosecutor, Ralph M. Rivera , Assistant Prosecutor, 21 W. Boardman St., 6th Floor, Youngstown, Ohio 44503, for Plaintiff-Appellant.

Atty. John Jeffrey Limbian , 201 E. Commerce St., Suite 346, Youngstown, Ohio 44503, Attorney Mark Lavelle , 1045 Tiffany Blvd. Suite 3, Youngstown, Ohio 44514, for Defendant-Appellee.

Gene Donofrio, Joseph J. Vukovich and Cheryl L. Waite, Judges.


OPINION

DONOFRIO, J.

{¶1} Plaintiff-appellant, the State of Ohio, appeals from a Mahoning County Common Pleas Court judgment suppressing the statements made to police by defendant-appellee, Larry Lee Smith.

{¶2} On October 6, 2010, a woman came to the Canfield Police Department where she told Detective Brian McGivern that appellee had performed oral sex on her against her will. Appellee is a physician who had his...

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