[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. __________________