State v. Kareski

[Cite as State v. Kareski, 137 Ohio St.3d 92,

2013-Ohio-4008.] THE STATE OF OHIO, APPELLEE, v. KARESKI, APPELLANT. [Cite as State v. Kareski, 137 Ohio St.3d 92,

2013-Ohio-4008.] Criminal law—Evidence—Trial-court error in taking judicial notice of essential fact—Appellate review—Effect of error on appellate court’s review of sufficiency of evidence for purposes of determining whether retrial is permissible under Double Jeopardy Clause—When erroneous judicial notice fills gap created by prosecution’s failure to prove essential element, judicially noticed fact may not be considered to determine…