Cleveland Hts. v. Swinney

Citations

• 2024 Ohio 5389

Syllabus

First Amendment to the United States Constitution; Ohio Const., art. I, § 7; Evid.R. 610; religious practices; cross-examination testimony; structural error; plain error. Defendant-appellant appeals his bench trial conviction. At trial, appellant took the stand and on direct examination testified that he could not have committed the crime because he was at home, as he is every Friday, preparing to celebrate the Sabbath the next day. On cross-examination the prosecutor then inquired briefly into appellant's religion to flesh out appellant's alibi. Appellant argued on appeal that alleged the cross-examination between him and the prosecutor infringed on his constitutional rights to freedom of religion under the First Amendment of the United States Constitution and Ohio Const., art. I, § 7. Appellant argued the exchange amounted to a structural error and a plain error. On review, we find the exchange between appellant and the prosecutor was not a constitutional structural error nor was it plain error. Appellant's assignments of error are overruled.