STATE v. RAC

No. 27536.

124 N.E.3d 878 (2019)

2019-Ohio-893

STATE of Ohio, Plaintiff-Appellant v. Davor RAC, Defendant-Appellee.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered March 15, 2019.


Attorney(s) appearing for the Case

MATHIAS H. HECK, JR. , by ANDREW T. FRENCH , Atty. Reg. No. 0069384, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, 301 West Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellant.

ADELINA E. HAMILTON , Atty. Reg. No. 0078595, 117 S. Main Street, Suite 400, Dayton, Ohio 45422, Attorney for Defendant-Appellee.

MICHAEL T. GMOSER , by LINA N. ALKAMHAWI , Atty. Reg. No. 0075462, Butler County Prosecutor's Office, Appellate Division, Government Services Center, 315 High Street, 11th Floor, Hamilton, Ohio 45011, Attorney for Amicus Curiae, Butler County Prosecutor's Office.

SARAH C. LARCADE , Atty. Reg. No. 0095905, and ELIZABETH A. WELL , Atty. Reg. No. 0087750, 3976 North Hampton Drive, Powell, Ohio 43065 Attorneys for Amicus Curiae, Ohio Crime Victim Justice Center.

SARAH GROSSNICKLE , Atty. Reg. No. 20869, 1000 Louisiana Street, Suite 6800, Houston, Texas 77002 Attorney for Amicus Curiae, The Innocence Project, Inc.

ALEXIS AGATHOCLEOUS , Atty. Reg. No. 0002298, 40 Worth Street, Suite 701, New York, New York 10013, Attorney for Amicus Curiae, The Innocence Network, The Innocence Project, Inc., and The Ohio Innocence Project.


OPINION

{¶ 1} A jury found Davor Rac not guilty of a single count of domestic violence under R.C. 2919.25(A). With leave of this Court, the State of Ohio appeals from the trial court's decision to instruct the jury regarding the fallibility of human...

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