State v. Kareski

{¶ 1} In this case, we address the implications of a trial court’s error in taking judicial notice of a fact when that error results in the reversal of a conviction. Specifically, we determine whether the fact that the court erroneously judicially noticed cán be considered as evidence by the appellate court in deciding whether sufficient evidence exists such that retrial is permissible under the Double Jeopardy Clauses of the Ohio and United States Constitutions. We hold that the fact that was judicially noticed in error in this case should not have been considered evidence as part of the…