STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
JAMES DZELAJLIJA, DEFENDANT-APPELLANT.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.https://leagle.com/images/logo.png
RELEASED AND JOURNALIZED: March 8, 2012.
RELEASED AND JOURNALIZED: March 8, 2012.
Attorney(s) appearing for the Case
Robert L. Tobik, Chief Public Defender, Cullen Sweeney, Assistant Public Defender, 310 Lakeside Avenue — Suite 200, Cleveland, Ohio 44113, ATTORNEYS FOR APPELLANT.
William D. Mason, Cuyahoga County Prosecutor, Sanjeev Bhasker, T. Allan Regas, Assistant County Prosecutor, The Justice Center — 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, ATTORNEYS FOR APPELLEE.
BEFORE: Kilbane, P.J., Boyle, J., and Rocco, J.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.
JOURNAL ENTRY AND OPINION
ON RECONSIDERATION
MARY EILEEN KILBANE, P.J.
{¶ 1} The plaintiff-appellee, the state of Ohio has asked this court to reconsider its December 15, 2011 decision in which we concluded that due to recent changes in the controlling case law, defendant-appellant, James Dzelajlija, was not entitled to a new trial due to structural error caused by his indictment. That opinion recognized, however, that in defendant...
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