State v. Montecalvo
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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. (No. 95-2337 -- Submitted October 16, 1996 -- Decided November 7 8 13, 1996.) APPEAL from the Court of Appeals for Lorain County, No. 9 10 95CA006041. __________ 11 Gregory A. White, Lorain County Prosecuting Attorney, and Lisa 12 13 Milasky, Assistant Prosecuting Attorney, for appellant. Sternberg, Newman & Weisman and Richard Sternberg, for appellee. 14 __________ 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. 1 2 3 MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and STRATTON, JJ., concur. COOK, J., not participating. 4 2
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