State v. Moore
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The Supreme Court affirmed the judgment of the court of appeals reversing Defendant's convictions after finding that the state failed to prove venue, holding that the court of appeals did not err.
Defendant was indicted in Erie County for retaliation, attempted aggravated murder, and conspiracy arising from conversations that he had with his cellmate while he was incarcerated in Marion County. Defendant objected to venue and requested that the proceedings be transferred to Marion County, but the motion was summarily denied. A jury then found Defendant guilty of all three charges. The court of appeals reversed, concluding that venue was improper in Erie County. The Supreme Court affirmed, holding that the State failed to prove that venue was proper in Erie County.
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