State v. Curry

John F. Corrigan, Judge.

The state of Ohio appeals from three substantive rulings which were rendered in its prosecution of Aparicio Curry for patient abuse and which preceded Curry’s acquittal on that charge. Pursuant to State v. Bistricky (1990), 51 Ohio St.3d 157, 555 N.E.2d 644, syllabus, this court has elected to review the challenged rulings, and we have determined, for the reasons set forth below, that each of the rulings was erroneous. However, as the principles of double jeopardy preclude retrial, we affirm.

I

On August 29,1989, defendant, an employee of Warrensville Developmental…