State v. Easter

Citations

• 2024 Ohio 1389

Syllabus

Appellant was convicted of two counts of cruelty against a companion animal. Because police officers had been told by appellant's wife that appellant had shot and strangled the family dog and had heard a \wailing sound\ which they believed was coming from the injured animal, the trial court reasonably concluded that exigent circumstances permitted the officers' warrantless entry into the home and yard to search for and provide aid to the injured dog. Appellant moved for a mistrial, asserting a Brady violation, when the State produced a videotape of appellant's wife's statement to a police officer during trial however, because neither the videotape nor any proffer regarding its content is part of the record, we cannot conclude that the late disclosure constituted a Brady violation or that it otherwise prejudiced appellant. Judgment affirmed.