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State of Ohio v. Anthony Apanovitch, Case No. 2016-0696
Eighth District Court of Appeals (Cuyahoga County)
ISSUES:
- Was a federal court's factual finding in a habeas proceeding a settled issue that could be used in the subsequent state court proceedings in the case?
- May a claim of a defective indictment be raised or considered in post-conviction proceedings?
- Does an indictment with multiple, identical counts violate a defendant's protections against double jeopardy when the evidence at trial delineates a separate factual basis for each count?
Eighth District Court of Appeals (Cuyahoga County)
ISSUES:
- Was a federal court's factual finding in a habeas proceeding a settled issue that could be used in the subsequent state court proceedings in the case?
- May a claim of a defective indictment be raised or considered in post-conviction proceedings?
- Does an indictment with multiple, identical counts violate a defendant's protections against double jeopardy when the evidence at trial delineates a separate factual basis for each count?
June 26, 2018