STATE EX REL. REYNOLDS v. KIRBY

No. 2022-0630.

223 N.E.3d 417 (2023)

172 Ohio St.3d 273

2023-Ohio-782

The STATE EX REL. REYNOLDS v. KIRBY, Judge, et al.

Supreme Court of Ohio.

Decided March 16, 2023.


Attorney(s) appearing for the Case

Repper-Pagan Law, Ltd., and Christopher J. Pagan , for relator.

Michael T. Gmoser , Butler County Prosecuting Attorney, and Michael Greer , Assistant Prosecuting Attorney, for respondents Judge Joseph W. Kirby and Judge Gary A. Loxley.

David P. Fornshell , Warren County Prosecuting Attorney, and Adam M. Nice , Assistant Prosecuting Attorney, for respondent Warren County Prosecuting Attorney David P. Fornshell.


{¶ 1} If a witness refuses to testify after asserting the privilege against self-incrimination, R.C. 2945.44(A) authorizes "the court of common pleas of the county in which the proceeding is being held" to compel the witness to testify and to grant the witness immunity from prosecution for any criminal act about which the...

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