Ron O'Brien , Franklin County Prosecuting Attorney, and Seth L. Gilbert , Assistant Prosecuting Attorney, urging affirmance for amicus curiae, Franklin County Prosecuting Attorney Ron O'Brien.
Supreme Court of Ohio.
PFEIFER, J.
{¶ 1} In this case, we address the implications of a trial court's error in taking judicial notice of a fact when that error results in the reversal of a conviction. Specifically, we determine whether the fact that the court erroneously judicially noticed can be considered as evidence by the appellate court in deciding whether sufficient evidence exists such that retrial is permissible under the Double Jeopardy Clauses of the Ohio and...
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