Parma Hts. v. Brooks

Citations

• 2019 Ohio 2214

Syllabus

R.C. 4511.43 Evid.R. 601(A) sufficient evidence manifest weight of the evidence witness competency voir dire. A conviction for failing to stop at a stop sign in violation of R.C. 4511.43 is based on sufficient evidence where a police officer testifies that he had an unobstructed view of the immediate area and observed the defendant fail to stop as required by the statute, and instead proceed through the intersection without stopping. Further, such a conviction is not against the manifest weight of the evidence where the defendant, in his self-serving testimony, admits he violated the statute. A trial court commits error when conducting a voir dire examination of a child of tender years where the court fails to determine whether the child is capable of receiving just impressions of facts and events and accurately relate them. However, the error is harmless where the defendant otherwise admitted he was guilty of the offense charged, failed to proffer what the child's testimony would have been for the record, and even assuming the testimony would have been consistent with his account, it would have been merely duplicative.