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STATE v. COBB (2026)

Supreme Court of Ohio.

The STATE of Ohio, Appellant, v. COBB, Appellee.

No. 2025-0375

Decided: August 20, 2026

Eric C. Stewart, Logan County Prosecuting Attorney, and Nathan L. Yohey, Assistant Prosecuting Attorney, for appellant. William T. Cramer, for appellee, Marcus R. Cobb. D. Andrew Wilson, Ohio Attorney General, Mathura J. Sridharan, Solicitor General, and Stephen P. Carney, Deputy Solicitor General, for amicus curiae, Ohio Attorney General D. Andrew Wilson.

{¶ 1} In State v. King, this court held that under R.C. 2945.67(A), a trial court's postverdict judgment of acquittal was appealable by the State of Ohio with leave of the court of appeals but was not appealable by the State as of right. 2026-Ohio-2656, ¶ 2, ––– Ohio St.3d ––––,––– N.E.3d ––––, 2026 WL 2022914. This case involves the Third District Court of Appeals’ judgment dismissing an attempted appeal of right by the State. The judgment of the Third District is affirmed on the authority of King.

The below judgment of the court was joined by Kennedy, C.J., and Fischer, DeWine, Brunner, Deters, Hawkins, and Shanahan, JJ.

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STATE v. COBB (2026)

Docket No: No. 2025-0375

Decided: August 20, 2026

Court: Supreme Court of Ohio.

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