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Case No. 2012-1242 State of Ohio v. Matthew Kareski

 
 
 

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Does ‘Judicial Notice’ Error Trigger Double Jeopardy, Bar State From Re-Trying Defendant?

State of Ohio v. Matthew Kareski, Case no. 2012-1242
Ninth District Court of Appeals (Summit County)

ISSUE: When the conviction of a criminal defendant is overturned on appeal based on a finding that the trial court improperly “took judicial notice” of an essential element of the charged offense rather than requiring the state to present admissible evidence proving that element, may the case be remanded for a new trial, or is the state barred by double jeopardy from any future prosecution of the defendant for that offense?
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Thomas Houlihan for Matthew Kareski
Michael Defibaugh for the state
Summation: Thomas Houlihan for Matthew Kareski
 
 
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Date : 04-24-2013     View : 1,789 Views     Duration : 00:33:22     Size : 233.3 MB    
Download File : 360p