Does 'Judicial Notice' Error Trigger Double Jeopardy, Bar State From Re-Trying Defendant?

State of Ohio v. Matthew Kareski, Case no. 2012-1242

Ninth District Court of Appeals (Summit County)

ISSUE: When the conviction of a criminal defendant is overturned on appeal based on a finding that the trial court improperly "took judicial notice" of an essential element of the charged offense rather than requiring the state to present admissible evidence proving that element, may the case be remanded for a new trial, or is the state barred by double jeopardy from any future prosecution of the defendant for that offense?