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   State Courts - Ohio - January 29, 2007

  
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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State v. White, CASE NO. CA2006-05-111, COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, BUTLER COUNTY, January 29, 2007, Decided
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Overview: A trial court properly granted suppression of blood alcohol test results taken of defendant in his criminal matter, wherein he was charged with violating R.C. § 4511.19(A)(1)(a), as the State failed to comply with Ohio Admin. Code 3701:53-05(B) when taking the sample because the sample site was cleansed with isopropyl alcohol.

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State v. Wilson, CASE NO. CA2006-03-008, COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, CLINTON COUNTY, January 29, 2007, Decided
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Overview: The trial court erred in granting defendant's motion to suppress and in finding that no probable cause or exigent circumstances existed to justify law enforcement's entry into the apartment to investigate a reported armed burglary in progress. The police found evidence of a forced entry and the statements of the anonymous caller were corroborated.

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