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· 12/14/2023

Marrs v. Mickel

Citations

  • 2023 Ohio 4528

Syllabus

Irrelevant evidence Evid.R. 401 Evid.R. 402 magistrate's decision plain error Civ.R. 53 Civ.R. 61 cumulative-error doctrine. Where appellant did not claim that any evidence was improperly admitted by the magistrate in her objections to the magistrate's decision and did not raise any objection to any factual finding or legal conclusion in the magistrate's decision based on the admission of any such evidence, she forfeited appellate review of all but plain error as to the evidentiary challenges raised in appeal under Civ.R. 53(D)(3)(b)(iv). Appellate court need not analyze plain error where the appellant has failed to make a plain-error argument. Cumulative-error doctrine did not apply where, because appellant did not challenge any of the trial court's determinations in the divorce proceedings on appeal, appellant failed to show that she was in any way harmed or prejudiced by any of the trial court's alleged evidentiary errors — regardless of whether those alleged errors were considered individually or together.

Judges: E.A. Gallagher

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