Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State of Ohio v. Clarence D. Roberts

September 22, 2011

STATE OF OHIO
PLAINTIFF - APPELLEE
v.
CLARENCE D. ROBERTS
DEFENDANT-APPELLANT



CHARACTER OF PROCEEDING: Appeal from the Court of Common Pleas, Case No. 97CR63

The opinion of the court was delivered by: Farmer, J.

Cite as State v. Roberts,

JUDGES: Hon. W. Scott Gwin, P.J. Hon. Sheila G. Farmer, J. Hon. Julie A. Edwards, J.

OPINION

JUDGMENT: Affirmed

{¶1} On June 30, 1997, the Guernsey County Grand Jury indicted appellant, Clarence Roberts, on one count of aggravated robbery in violation of R.C. 2911.01 and one count of aggravated murder in violation of R.C. 2903.01 with a death penalty specification. Said charges arose from the robbery and stabbing death of Leo Sinnett on May 17, 1997.

{¶2} A jury trial commenced on September 15, 1997. The jury found appellant guilty as charged, but did not recommend the death penalty. The trial court sentenced appellant to life imprisonment without parole. Appellant's convictions and sentence were affirmed on appeal. See, State v. Roberts (November 24, 1998), Guernsey App. No. 97CA29.

{¶3} On September 30, 2010, appellant filed a motion to order preservation and listing of evidence regarding both physical and biological evidence from his case. By entry filed November 30, 2010, the trial court denied the motion.

{¶4} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

I

{¶5} "THE TRIAL COURT ERRED AS A MATTER OF LAW IN DENYING ROBERTS' MOTION TO ORDER PRESERVATION OF EVIDENCE AND LISTING OF EVIDENCE IN VIOLATION OF THE MANDATES OF SB 77 AND O.R.C. §2933.82."

I

{¶6} Appellant claims the trial court erred in denying his request pursuant to R.C. 2933.82 for an inventory and preservation of evidence from his case. We disagree.

{ΒΆ7} R.C. 2933.82 governs preservation of biological evidence. Subsections (B)(1)(c), (B)(2), (B)(3), ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.