State v. Loudermilk

Miller, Judge.

{¶ 1} Defendant-appellant Michael Loudermilk was charged under R.C. 2907.09(A)(1) with public indecency involving a minor. We hold: (1) "physical proximity" as used in R.C. 2907.09(A)(1) means the victim is near enough to observe the offender's private parts; (2) a criminal defendant is not required to disclose evidence used only for the purpose of impeaching a witness; and (3) intermediate appellate courts have jurisdiction to review a claim of judicial bias that is alleged to result in the violation of a defendant's due process rights.

{¶ 2} Loudermilk, shirtless and in blue…