State v. Davis

Citations

• 2018 Ohio 841

Syllabus

Preindictment delay, sufficiency and manifest weight of the evidence, hearsay exceptions, Evid.R. 801, 802 and 803, R.C. 2907.02(A)(1)(c), constitutionally void for vagueness. Appellant failed to demonstrate actual prejudice from a 16-year preindictment delay as only appellant and the victim were present and the last-minute potential witness could only provide hearsay testimony that was not subject to exceptions. The trial court's decision was not against the sufficiency and manifest weight of the evidence where sexual penetration was undisputed and appellant admitted that the victim was sleeping at the time. R.C. 2907.02(A)(1)(c) is not constitutionally void for vagueness because it: (1) contains ascertainable standards of guilt, (2) provides sufficient notice of the conduct proscribed, and (3) contains sufficient guidelines to avoid arbitrary or discriminatory enforcement.