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STATE v. TOLLIVER

No. 2013-0351.

140 Ohio St.3d 420 (2014)

2014-Ohio-3744

THE STATE OF OHIO, APPELLANT, v. TOLLIVER, APPELLEE.

Supreme Court of Ohio.

Decided September 2, 2014.

Attorney(s) appearing for the Case

Mathias H. Heck Jr. , Montgomery County Prosecuting Attorney, and Andrew T. French , Assistant Prosecuting Attorney, for appellant.

Murr, Compton, Claypoole & Macbeth and Charles M. Blue , for appellee.

Timothy Young , Ohio Public Defender, and Kenneth R. Spiert , Assistant Public Defender, urging dismissal of the appeal as improvidently accepted, or, in the alternative, affirmance for amicus curiae Office of the Ohio Public Defender.

{¶ 1} The General Assembly has defined the offense of robbery to require proof of a culpable mental state (or mens rea) for some elements of the offense but not for others. In this appeal, we consider whether the state must prove a culpable mental state with...

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