State v. Grimm

Citations

• 2019 Ohio 2961

Syllabus

The trial court did not err by admitting a number of hearsay statements where those statements either fell within the excited utterance exception or the \medical treatment\ exception to the hearsay rule. The trial court also did not err by admitting so-called \other acts\ evidence that appellant was intoxicated and wanted to fight other people on the night in question where that evidence was used to describe the events that formed the immediate background of the charged domestic violence offense. The same is true in regard to the trial court's decision to deny appellant's request to instruct the jury on assault as a lesser included offense to domestic violence where the record contained overwhelming and uncontroverted evidence that the victim was appellant's family or household member at the time of the offense, thereby negating the possibility that the jury could have acquitted him on domestic violence while at the same time finding him guilty of assault. The trial court's decision sentencing appellant to a mandatory term of 15-months in prison was also not error since appellant knew the victim was pregnant when the domestic violence incident occurred.