State v. Bistricky

This cause is before this court upon remand by the Supreme Court of the state’s motion for leave to appeal which had been previously denied by this court. See State v. Bistricky (1990), 51 Ohio St.3d 157, 555 N.E.2d 644.

In this criminal case against five Cleveland police officers charged with selling or offering to sell drugs, the trial court, at the close of the state’s case, granted defendants’ motion for acquittal pursuant to Crim.R. 29. The state conceded that the principles of double jeopardy prohibited the retrial of the defendants, but argued for a consideration of the trial court…