State v. Arnett

The sole issue raised in this appeal is whether the state may seek leave to appeal an order under R.C. 2945.67 after a jury has returned a verdict of acquittal. R.C. 2945.67(A) provides:

“A prosecuting attorney * * * may appeal by leave of the court to which the appeal is taken any other decision, except the final verdict, of the trial court in a criminal case * * *.” (Emphasis added.)

A comparable situation was presented to this court in State v. Keeton (1985), 18 Ohio St. 3d 379. In that case, the trial court entered judgments of acquittal and the state sought leave to appeal various…