· 5/30/2024

Cleveland v. Newell

Citations

  • 2024 Ohio 2064

Syllabus

Expert witness Evid.R. 703 opinion based on personal knowledge and experience lay witness Evid.R. 701 sufficiency of the evidence manifest weight of the evidence App.R. 12(A)(2) App.R. 16(A)(7). The trial court did not err when it admitted expert testimony, pursuant to Evid.R. 703, based upon the expert's personal knowledge and experience. The trial court did not err when it admitted lay testimony, pursuant to Evid.R. 701, rationally based upon a humane officer's perceptions and that aided to determine a fact in issue. The trial court did not err in accepting a guilty plea where no plea was entered and the case was tried to a jury. A review of the record demonstrates that the appellant's conviction was supported by sufficient evidence and was not against the manifest weight of the evidence. Where appellant failed to cite case law or provide cogent arguments in support of her claims that the city asked leading questions of its witnesses a witness perjured himself and appellant's due process rights were violated, this court may decline to address the assignments of error. Because the trial court's judgment entry incorrectly stated the code section under which appellant was convicted, the case is remanded so that the trial court can correct the clerical error with a nunc pro tunc judgment entry.

Judges: Kilbane

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