State v. Golston

Citations

• 2024 Ohio 572

Syllabus

R.C. 2907.02(D) rape shield hearing day of trial plain error motion in limine authentication social media posts. Appellant argues that the trial court erred in holding a hearing pursuant to R.C. 2907.02(D) on the day of trial. A review of the record demonstrates that appellant did not object to the court holding the hearing the day of trial rather than three days prior pursuant to the statute. Accordingly, appellant waived all but plain error. We find that the appellant did not demonstrate that the court plainly erred because its holding in disallowing the evidence of the victim's prior sexual encounters was consistent with Eighth District precedent, and appellant did not demonstrate that holding the hearing earlier would have affected the outcome of trial. Further, we find that the trial court did not err in granting the state's motion in limine regarding apparent printouts of social media posts. The exhibits were not authenticated through testimony of the alleged sender and appellant did not make a proffer to try to authenticate them by other means. Judgment affirmed.