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STATE v. MILLER

No. 2001-1481.

96 Ohio St.3d 384 (2002)

2002-Ohio-4931

THE STATE OF OHIO, APPELLANT, v. MILLER, APPELLEE.

Supreme Court of Ohio.

Decided October 2, 2002.

Attorney(s) appearing for the Case

Thomas L. Sartini, Ashtabula County Prosecuting Attorney, Angela M. Scott and Ariana E. Tarighati, Assistant Prosecuting Attorneys, for appellant.

Richard J. Perez, Rosplock & Perez, for appellee.

Victor V. Vigluicci, Portage County Prosecuting Attorney, and Kelli K. Norman, Assistant Prosecuting Attorney, urging reversal for amicus curiae Ohio Prosecuting Attorneys Association.

LUNDBERG STRATTON, J.

{¶ 1} On October 7, 1998, the Ashtabula County Grand Jury indicted Jeffrey Miller, defendant-appellee, on charges of aggravated murder in violation of R.C. 2903.01(A) and felony murder in violation of R.C. 2903.02(B). Both counts carried firearm specifications. The charges were in connection with the shooting death of defendant's wife, Lisa.

{¶ 2} On September 4, 1998, Jeffrey Miller, defendant-appellee, stayed home while his...

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