Timothy Young , Ohio Public Defender, and Patrick T. Clark , Assistant Public Defender, urging affirmance for amicus curiae Office of the Ohio Public Defender.
Fischer, J.
{¶ 1} In this case, we are presented with the issue whether the defense of blackout is an affirmative defense that must be proved by the defendant by a preponderance of the evidence. We conclude that blackout is an affirmative defense pursuant to R.C. 2901.05(D)(1)(b) and that requiring a defendant to prove this affirmative...
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