State v. Ramirez
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The Supreme Court reversed the judgment of the court of appeals dismissing the State's appeal from the order of the trial court granting Defendant's motion for a new trial based on insufficient evidence, holding that the court of appeals was not correct in dismissing the State's appeal.
The court of appeals premised its dismissal of the State's appeal on principles of double jeopardy and on its application of Ohio Rev. Code 2945.67. The Supreme Court reversed, holding (1) the double jeopardy protection does not prevent the State from appealing the trial court's order granting the motion for a new trial but, rather, only prevents the State from retrying the defendant in the event the State is unsuccessful on appeal; and (2) section 2945.67, which delineates when the State may appeal in a criminal case, does not require dismissal of the State's appeal.
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