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STATE v. KOTOUCH

No. 21 HA 0012.

196 N.E.3d 908 (2022)

2022-Ohio-3421

STATE of Ohio, Plaintiff-Appellant, v. Robert C. KOTOUCH, III, Defendant-Appellee.

Court of Appeals of Ohio, Seventh District, Harrison County.

September 14, 2022.

Attorney(s) appearing for the Case

Atty. Lauren E. Knight , Harrison County Prosecutor and Atty. Jack L. Felgenhauer , Assistant Prosecuting Attorney, 111 West Warren Street, P.O. Box 248, Cadiz, Ohio 43907, for Plaintiff-Appellant.

Atty. Katherine M. K. Kimble , and Atty. Nichole D. Hamsher , Eques, Inc., 157 South Main Street, Cadiz, Ohio 43907, for Defendant-Appellee.

BEFORE: Cheryl L. Waite, Gene Donofrio, David A. D'Apolito, Judges.

OPINION AND JUDGMENT ENTRY

{¶1} Appellant State of Ohio appeals a December 17, 2021 Harrison County Court judgment entry which granted Appellee Robert C. Kotouch, III's motion to suppress. The state argues that the trial court erroneously determined a deputy's mistaken belief of the law cannot serve as reasonable...

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