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STATE v. POLK

No. 2016-0271.

150 Ohio St.3d 29 (2017)

2017-Ohio-2735

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

Supreme Court of Ohio.

Decided May 11, 2017.

Attorney(s) appearing for the Case

Ron O'Brien , Franklin County Prosecuting Attorney, and Seth L. Gilbert , Assistant Prosecuting Attorney, for appellant.

Yeura R. Venters , Franklin County Public Defender, and Timothy E. Pierce and George M. Schumann , Assistant Public Defenders, for appellee.

Michael DeWine , Attorney General, Eric E. Murphy , State Solicitor, Michael J. Hendershot , Chief Deputy Solicitor, Samuel C. Peterson , Deputy Solicitor, and Katherine J. Bockbrader , Assistant Attorney General, urging reversal for amicus curiae Ohio Attorney General Michael DeWine.

Bricker & Eckler, L.L.P., and Jennifer M. Flint , urging reversal for amici curiae Ohio School Boards Association, Buckeye Association of School Administrators, Ohio Association of School Business Officials, Ohio Association of Secondary School Administrators, Ohio Federation of Teachers, and Ohio Education Association.

Timothy Young , Ohio Public Defender, and Nikki Trautman Baszynski , Assistant Public Defender, urging affirmance for amicus curiae Ohio Public Defender.

Marsha L. Levick , urging affirmance for amici curiae Juvenile Law Center, Center of Juvenile Law and Policy, Center for Wrongful Convictions of Youth, Children's Law Center, Inc., Rutgers School of Law Children's Justice Clinic, Rutgers Criminal and Youth Justice Clinic, Education Law Center-PA, Professor Barry C. Feld, Juvenile Defenders Association of Pennsylvania, Juvenile Justice Initiative, National Center for Youth Law, National Juvenile Justice Network, Northeast Juvenile Defender Center, Roderick and Solange MacArthur Justice Center, and Youth Law Center.

Law Office of Matthew C. Bangerter and Matthew C. Bangerter ; and Russell S. Bensing , urging affirmance for amicus curiae Ohio Association of Criminal Defense Lawyers.

Kimberly Payne Jordan , urging affirmance for amicus curiae Justice for Children Project, Moritz College of Law Clinical Programs, Ohio State University.

O'CONNOR, C.J., and O'DONNELL, FRENCH, O'NEILL, FISCHER, and DEWINE, JJ., concur.

I. INTRODUCTION

{¶ 1} In this discretionary appeal, we decide whether the Tenth District Court of Appeals erred in affirming the judgment of the Franklin County Court of Common Pleas granting a defense motion...

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