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STATE v. MARTIN

No. 2014-2028.

149 Ohio St.3d 292 (2016)

2016-Ohio-7196

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

Supreme Court of Ohio.

Decided October 5, 2016.

Attorney(s) appearing for the Case

Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and April F. Campbell and Carley J. Ingram, Assistant Prosecuting Attorneys, for appellee.

Timothy Young, Ohio Public Defender, and Valerine Kunze, Assistant Public Defender, for appellant.

Michael DeWine, Attorney General, and Eric E. Murphy, State Solicitor, urging affirmance for amicus curiae, Ohio Attorney General.

O'NEILL, J., dissents, with an opinion.

BACKGROUND

{¶ 1} On March 18, 2012, appellant, Terry Lee Martin, surreptitiously recorded an 11-year-old female while she was undressed in a bathroom. Martin was indicted for two felonies: creating nudity-oriented material involving a minor, R.C. 2907.323(A)(1), and possession of criminal tools, R.C. 2923...

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