In the Supreme Court of Ohio
% ^'V IN THE SUPREME COURT OF OHIO A ^ ^ ^^3i ^,,,Y' ;.1^ i^ ^%/ State of Ohio, On Appeal from the Franklin County Court of Appeals, Plaintiff-Appellee, Tenth Appellate District Court of Appeals V. Case No. 13AP-816 Anthony Moses, Defendant-Appellant. MEMORANDUM IN SUPPORT OF JURISDICTION Ambrose Moses, IfI (0055231) (COUNSEL OF RECORD) 1900 Polaris Parkway, Suite 450 Columbus, Ohio 43240 Tel (614) 418-7898 Fax (614) 418-7298 Email: info MosesLaw.pro COUNSEL FOR APPELLANT ANTHONY MOSES Orly Ahroni, Esq. Columbus City Prosecutor 375 South High Street, 7th Floor Columbus, Ohio 43215 Counsel for Appellee State of Ohio, City of Columbus s/t^5 C jy ti^ ^. 1 Table of Contents Proposition of Law 1: "Structural, fundamental, and reversible error occurs when the accused African American, after making a non-frivolous showing of questionable conduct and motives by the prosecutor, is denied an evidentiary hearing on his motion to dismiss due to selective prosecution. This is particularly true where the prosecutor's questionable conduct includes, but is not limited to, 1) the perceived race-based preference given by the prosecutor to the cross-filed complaint of the white complainant over that of the black complainant, and 2) the prosecutor's refusal to follow his policy and refer the black person's cross- complaint against the white prosecuting witness to an independent special-prosecutor for a probable cause determination." Proposition of Law 2: "Structural, fundamental, and reversible error occurred when the prosecutor, in interviewing ("interrogating") an unrepresented individual, concealed and otherwise failed to disclose to said individual that the decision had been made to prosecute that individual.
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