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State Courts -
Ohio - January 29, 2007
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State v. Robinson, CASE NO. CA2005-11-029,
COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, FAYETTE COUNTY, January 29, 2007, Decided
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Overview: There was sufficient evidence to support defendant's conviction for felonious assault, under R.C. § 2903.11(A)(2). Testimony established that defendant fired a gun at a vehicle, that she and others had been chasing through the streets, and that a bullet entered the taillight of the vehicle, carving a path which narrowly missed the three occupants.
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State v. Smith, Case No. 06CA7,
COURT OF APPEALS OF OHIO, FOURTH APPELLATE DISTRICT, PICKAWAY COUNTY, January 29, 2007, Filed
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Overview: The failure to include the culpable mental state of recklessness, pursuant to R.C. § 2901.21(B), in the indictment charging defendant with illegal use of a minor in nudity-oriented material, under R.C. § 2907.323(A)(1), rendered the indictment invalid. Thus, the trial court lacked subject matter jurisdiction to try defendant on that charge.
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