State v. Findler

Citations

• 2021 Ohio 449

Syllabus

MOTION TO QUASH – SUBPOENA – HEARSAY – JUDICIAL BIAS: The trial court erred by failing to hold an evidentiary hearing on the state's motion to quash defendant's subpoena, but the error was harmless because the subpoena was plainly without merit and the outcome of the trial would not have been different if the court had conducted an evidentiary hearing on the motion to quash. Statements made by the trial judge during trial did not constitute hearsay the judge was not a witness or party and the statements were not offered in evidence. There is no indication in the record that the trial court's failure to hold an evidentiary hearing on the state's motion to quash or its reasonable limitations on defendant's cross-examination of the police officer were the result of judicial bias.