State v. Fleming

Citations

• 2025 Ohio 3165

Syllabus

The trial court erred in concluding that, after a subpoenaed witness failed to appear at trial, a recorded statement that the witness made to a detective was admissible under the Evid.R. 804(B)(6) forfeiture by wrongdoing exception to the hearsay rule. Therefore, appellant's constitutional right to confront the witness was violated. The trial court did not err by allowing admission of appellant's cell phone records under the business records exception to the hearsay rule. Judgment reversed and remanded.