State v. Glaeser

Citations

• 2025 Ohio 2386

Syllabus

Manifest Weight; Sufficient Evidence; Rebuttal Witness; Cross-Examination; Simple and Direct Test; Other Acts Test. Crim.R. 13 permits two or more indictments to be tried together if the offenses could have been joined in a single indictment. Crim.R. 8 describes the standards for deciding whether charges can be joined in a single indictment. However, if joinder of the indictments would prejudice the defendant, joinder is not permissible. Prejudice is determined by application of the simple and direct test or the other acts test. Prejudice cannot be demonstrated under the simple and direct test where the offenses are simple and direct such that the jury would be capable of segregating the proof required for each offense. Prejudice cannot be demonstrated under the other acts test if the evidence of the other crimes would have been admissible as other acts evidence pursuant to Evid.R. 404(B). These tests are disjunctive.