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STATE v. APANOVITCH

Nos. 102618, 102698.

64 N.E.3d 429 (2016)

2016-Ohio-2831

STATE of Ohio, Plaintiff-Appellant v. Anthony APANOVITCH, Defendant-Appellee.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

May 5, 2016.

Attorney(s) appearing for the Case

Timothy J. McGinty , Cuyahoga County Prosecutor by Adam M. Chaloupka , Katherine Mullin , Christopher D. Schroeder , Frank Romeo Zeleznikar , Assistant Prosecuting Attorneys, Cleveland, OH, for appellant.

Mark R. Devan , William Livingston , Berkman, Gordon, Murray & Devan, Cleveland, OH, Harry P. Cohen , Elizabeth Figueira, Michael K. Robles , James K. Stronski , Crowell & Morning, New York, NY, for appellee.

Before: JONES, A.J., CELEBREZZE, P.J., and LASTER MAYS, J.

{¶ 1} This is an appeal by plaintiff-appellant, the state of Ohio, from the trial court's February 12, 2015 decision granting defendant-appellee's, Anthony Apanovitch, fourth petition for postconviction relief, thereby acquitting Apanovitch of one of two counts of rape, dismissing the second count of rape...

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