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STATE v. APANOVITCH

No. 2016-0696.

121 N.E.3d 351 (2018)

155 Ohio St.3d 358

2018-Ohio-4744

The STATE of Ohio, Appellant, v. APANOVITCH, Appellee.

Supreme Court of Ohio.

Decided November 29, 2018.

Attorney(s) appearing for the Case

Michael C. O'Malley , Cuyahoga County Prosecuting Attorney, and Christopher D. Schroeder and Katherine E. Mullin , Assistant Prosecuting Attorneys, for appellant.

Berkman, Gordon, Murray & DeVan, Mark R. DeVan , Cleveland, and William C. Livingston ; and Crowell & Moring, L.L.P., Harry P. Cohen , and Michael K. Robles , for appellee.

Michael DeWine , Attorney General, Eric E. Murphy , State Solicitor, Samuel C. Peterson , Deputy Solicitor, and Thomas E. Madden , Assistant Attorney General, urging reversal for amicus curiae, Ohio Attorney General.

{¶ 1} Appellee, Anthony Apanovitch, was convicted of aggravated murder, aggravated burglary, and two counts of rape, and in January 1985, he was sentenced to death. The body of the victim, Mary Anne Flynn, was found in a bedroom in her home. She had been strangled and severely beaten, and sperm was found in her mouth...

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