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CINCINNATI v. ILG

No. 2013-1102.

141 Ohio St.3d 22 (2014)

2014-Ohio-4258

THE CITY OF CINCINNATI, Appellant, v. ILG, Appellee.

Supreme Court of Ohio.

Decided October 1, 2014.

Attorney(s) appearing for the Case

Terrance A. Nestor , Acting Cincinnati City Solicitor, Charles A. Rubenstein , City Prosecutor, and Jennifer Bishop and Emily Woerner , Assistant City Prosecutors, for appellant.

The Law Office of Steven R. Adams, Steven R. Adams , and Marguerite Slagle , for appellee.

Michael Dewine , Attorney General, Eric E. Murphy , State Solicitor, and Jeffrey Jarosch , Deputy Solicitor, urging reversal for amicus curiae state of Ohio.

Paul A. Dobson , Wood County Prosecuting Attorney, and David E. Romaker Jr. , Assistant Prosecuting Attorney, urging reversal for amicus curiae Ohio Prosecuting Attorneys Association.

Julia R. Bates , Lucas County Prosecuting Attorney, and Evy M. Jarrett , Assistant Prosecuting Attorney, urging reversal for amicus curiae Lucas County Prosecuting Attorney Julia R. Bates.

Mark Kitrick , urging reversal for amicus curiae Mothers Against Drunk Driving (MADD).

D. Timothy Huey ; Kura, Wilford & Schregardus Co., L.P.A., and Sarah M. Schregardus ; and Patricia J. Smith , urging affirmance for amicus curiae National College for DUI Defense.

Daniel J. Sabol and Jessica G. Fallon , urging affirmance for amicus curiae Ohio Association of Criminal Defense Lawyers.

{¶ 1} The city of Cincinnati appeals from a judgment of the First District Court of Appeals that affirmed a trial court order to exclude evidence obtained from an Intoxilyzer 8000 breath-analyzer machine as a sanction for the failure to comply with a discovery order directing the Ohio Department of Health ("ODH")...

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