In re S.M.B.

Citations

• 2019 Ohio 3578

Syllabus

Juvenile court ruling that appellant was delinquent for committing gross sexual imposition and rape was not against the manifest weight of the evidence. Juvenile court did not err when it determined that six-year old victim was competent to testify as a witness and that the oath administered to the victim complied with Evid.R. 603. Juvenile court did not err when it admitted out-of-court statements the child sexual abuse victims made to their mothers under the excited utterance exception to the hearsay rule. The victims' competence to testify at trial was not a requirement for admission of the victims' out-of-court statements under either the excited utterance exception to the hearsay rule or the exception applicable to statements made for the purpose of medical diagnosis and treatment. Judgment affirmed.