State v. Hartman

Citations

• 2018 Ohio 2641

Syllabus

Fellatio sexual conduct sleeping Evid.R. 404(B) other acts evidence flight instruction. Evidence sufficient to sustain count of forcible rape and substantially impaired rape when victim testified that she thought the person with whom she engaged in sexual conduct while asleep was her boyfriend before discovering that the person was, in fact, the defendant. Court abused its discretion by allowing other acts testimony because it was irrelevant, prejudicial, and used to show the defendant's character and that he acted in conformity therewith. Court's instruction on other acts testimony compounded the error. Court abused its discretion by giving flight instruction when state's request plainly showed that the defendant left the scene because the victim demanded that he leave, not for the purpose of eluding apprehension by the police.