State v. Carson

Citations

• 2025 Ohio 2409

Syllabus

The trial court erred in admitting the child victim's statements to her mother pursuant to Evid.R. 807 by determining that her testimony was not reasonably obtainable without determining her competency to testify. The trial court failed to make findings of fact as required by Evid.R. 807(C). The child's statements to her mother were also not admissible as excited utterances. Furthermore, the trial court's error in admitting these statements was not harmless. The trial court plainly erred in admitting contextual statements made during the child's forensic interview. These statements were not reasonably necessary for medical treatment or diagnosis. Defendant's convictions for rape were supported by sufficient evidence. Judgment reversed, cause remanded.