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State v. Cummings

Citations

  • 2018 Ohio 3993

Syllabus

Motion for a new trial Crim.R. 33 motion for mistrial materially affect substantial right untimely affidavit motion in limine abuse of discretion prejudice. Judgment affirmed. Trial court did not abuse its discretion when it denied defendant's motion for a mistrial when the alleged misconduct by the prosecutor did not materially affect defendant's substantial rights. Additionally, the trial court did not abuse its discretion when it denied defendant's motion for mistrial when the defendant was not prejudiced by the testimony in question.

Judges: Kilbane

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