State v. Harrison

Citations

• 2022 Ohio 4627

Syllabus

The jury was unable to reach a verdict on a count of rape of a child under age 13, but after post-trial negotiations, this count was dismissed, making any error in the trial court's failure to grant a Crim.R. 29 motion for acquittal on that count moot. Any error regarding the trial court's failure to grant a Crim.R. 29 motion for acquittal on counts on which appellant was ultimately found not guilty created no prejudice to him. The trial court did not abuse its discretion when, under Evid.R. 613(B), it allowed extrinsic evidence regarding a witness's prior inconsistent statements. The trial court's failure to give a limiting instruction regarding the extrinsic evidence, which appellant also did not request, did not constitute plain error. Judgment affirmed.