State v. Montecalvo

State: Ohio

Docket No: 1995-2337

Case Date: 11/13/1996

Plaintiff: State

Defendant: Montecalvo

Preview:1
THE STATE OF OHIO, APPELLANT, V. MONTECALVO, APPELLEE.
2  [Cite as State v. Montecalvo (1996), ___ Ohio St.3d ___.]
3  Criminal law -- Res judicata  -- Doctrine bars convicted defendant from
4  raising and litigating in any proceeding, except an appeal from that
5  judgment, any defense that was raised or could have been raised by
6  defendant at trial.
7  (No. 95-2337 -- Submitted October 16, 1996 -- Decided November
8  13, 1996.)
9  APPEAL  from  the  Court  of  Appeals  for  Lorain  County,  No.
10  95CA006041.
11  __________
12  Gregory A. White,  Lorain County Prosecuting Attorney, and Lisa
13  Milasky, Assistant Prosecuting Attorney, for appellant.
14  Sternberg, Newman & Weisman and Richard Sternberg, for appellee.
15  __________
16  The judgment of the court of appeals is reversed on the authority of
17  State v. Szefcyk (1996), ___ Ohio St.3d ___, ___ N.E.2d ___, decided this
18
day.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and
2 STRATTON, JJ., concur. 3 COOK, J., not participating. 4
2

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