The STATE of Ohio, Appellant,
v.
IRELAND, Appellee.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted April 11, 2018.
Decided November 8, 2018.
Attorney(s) appearing for the Case
Ron O'Brien, Franklin County Prosecuting Attorney, and Michael P. Walton, Assistant Prosecuting Attorney, for appellant.
Paul Giorgianni, Giorgianni Law, L.L.C., and Shawn Dominy, Columbus, for appellee.
Michael DeWine, Attorney General, Eric E. Murphy, State Solicitor, and Michael J. Hendershot, Chief Deputy Solicitor, urging reversal for amicus curiae Ohio Attorney General Michael DeWine.
Timothy Young, Ohio Public Defender, and Patrick T. Clark, Assistant Public Defender, urging affirmance for amicus curiae Office of the Ohio Public Defender.
Fischer, J.
{¶ 1} In this case, we are presented with the issue whether the defense of blackout is an affirmative defense that must be proved by the defendant by a preponderance of the evidence. We conclude that blackout is an affirmative defense pursuant to R.C. 2901.05(D)(1)(b) and that requiring a defendant to prove this affirmative...
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