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STATE v. PERRY

No. OT-01-037.

147 Ohio App.3d 164 (2002)

2002-Ohio-1171

The STATE of Ohio, Appellant, v. PERRY, Appellee.

Court of Appeals of Ohio, Sixth District, Ottawa County.

Decided March 15, 2002.

Attorney(s) appearing for the Case

Mark E. Mulligan, Ottawa County Prosecuting Attorney, and David R. Boldt, Assistant Prosecuting Attorney, for appellant.

Jeffrey Nunnari, for appellee.

HANDWORK, Judge.

{¶ 1} This is an appeal brought by the state, pursuant to Crim.R. 12(J), following a ruling by the Ottawa County Court of Common Pleas that prohibited the state from playing at trial a videotape of an interview conducted by a social worker of a child who accused Richard L. Perry of rape. Because the proper foundation was not laid pursuant to Evid.R. 803(5) for the use of a videotape as a prior...

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