State v. Evans

Citations

• 2018 Ohio 2534

Syllabus

AGGRAVATED BURGLARY – EVIDENCE – OTHER ACTS – OPINION TESTIMONY – PROSECUTOR — CONSTITUTIONAL LAW/CRIMINAL – FIFTH AMENDMENT – HARMLESS ERROR – PLAIN ERROR – COUNSEL — WITNESSES: In a prosecution for aggravated burglary and felonious assault, the trial court did not err in admitting the victim's testimony regarding defendant's prior instances of physical violence against the victim where the testimony was relevant to prove defendant's motive and intent, and therefore, did not violate the general prohibition against \other acts\ evidence in Evid.R. 404(B). The trial court erred in admitting at trial evidence of defendant's prior misdemeanor-assault conviction in violation of Evid.R. 609 and 404(B), but the error did not rise to the level of plain error where defendant was tried before the court and the erroneous admission of his prior misdemeanor-assault conviction did not affect the outcome of the trial. The trial court did not err in admitting, pursuant to Evid.R. 701, the opinion testimony of a responding police officer and the victim's supervisor that scratches on the victim's face were \fresh\ injuries where their testimony was based on their personal observation of the victim and their common understanding of scratches and cuts. The defendant was not denied a fair trial due to prosecutorial misconduct where the victim's testimony regarding prior instances of physical harm was properly admissible under Evid.R. 404(B). The assistant prosecuting attorney's erroneous impeachment of the defendant with a prior misdemeanor assault conviction did not deny him a fair trial. In a bench trial for aggravated burglary and felonious assault, any alleged error by the trial court in compelling defendant to testify in violation of his Fifth Amendment privilege against self-incrimination was harmless under the three-part test articulated in State v. Harris, 142 Ohio St.3d 211, 2015-Ohio-166, 28 N.E.3d 1256, because the admission of defendant's testimony had no effect on the tria