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State v. Blake

Ohio Court of Appeals

974 N.E.2d 730 (2012)

Facts

Anthony Dion Blake (defendant) was charged with murder. At the trial, the state (plaintiff) introduced Exhibit 40. The state claimed that Exhibit 40 was a record of text messages sent from and received by Blake’s cellular-telephone number. Exhibit 40 was offered by the state to prove the truth of what was written in the out-of-court messages. Blake’s cellular-telephone provider was Cincinnati Bell. Paula Papke, the custodian of records at Cincinnati Bell, testified at the trial. Papke confirmed that Exhibit 40 was a record of text messages sent from and received by Blake’s cellular-telephone number. Papke also testified that text messages were stored on Cincinnati Bell’s network in the regular course of business. The trial-court judge admitted Exhibit 40. Subsequently, the jury convicted Blake. Blake appealed.

Rule of Law

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Issue

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Holding and Reasoning (Ringland, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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