[This opinion has been published in Ohio Official Reports at 74 Ohio St.3d 72 .]
THE STATE OF OHIO, APPELLANT, v. MCGLAUGHLIN, APPELLEE. [Cite as State v. McGlaughlin, 1995-Ohio-91 .] Witnesses—Criminal law—Trial court may exclude person from appearing as a witness on behalf of a criminal defendant at trial if court determines that witness will not offer any testimony, but merely intends to assert the Fifth Amendment privilege against self-incrimination. (No. 94-961—Submitted October 11, 1995—Decided November 22, 1995.) APPEAL from the Court of Appeals for Franklin County, No. 93AP-1109. _________________ Michael Miller, Franklin County Prosecuting Attorney, and Katherine Press, Assistant Prosecuting Attorney, for appellant. Dye & Fleck, Lewis William Dye and William J. Fleck, Jr., for appellee. _________________ {¶ 1} The judgment of the court of appeals is reversed, and the judgment of the trial court is reinstated on the authority of State v. Kirk (1995), 72 Ohio St.3d 564 , 651 N.E.2d 981 . MOYER, C.J., DOUGLAS, WRIGHT, RESNICK, F.E. SWEENEY, PFEIFER and COOK, JJ., concur. __________________

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