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Generally, if a conviction is reversed because of an error at trial, a retrial does not violate double jeopardy.  If a conviction is reversed because of insufficient evidence, a retrial violates double jeopardy (Ohio Constitution, Article I, Section 10).  What if the trial court erroneously took judicial notice of a fact necessary to prove the essential elements of the offense?   The Ohio Supreme Court ruled that when erroneous judicial notice is necessary to prove an essential element of offense, the judicially noticed fact may not be considered in determining whether sufficient evidence exists to permit retrial without violating Double Jeopardy.  See State v. Kareski, Slip Opinion No. 2013-Ohio-4008.


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