State v. Johnson

Citations

• 2025 Ohio 2770

Syllabus

Rape; gross sexual imposition; corroboration; physical evidence; sexually violent predator specification; R.C. 2971.02; confirming sexual abuse; Evid.R. 803(8)(b); witness letter; jury instruction misstatement. - Appellant's convictions for rape and gross sexual imposition upheld where the jury was presented with physical evidence and testimony by two medical professionals testifying about whether the physical evidence supported allegations of sexual activity. Lack of corroboration by household members does not render a conviction against the manifest weight of the evidence. Trial court complied with R.C. 2971.02 when the appellant elected to have the trial court consider the sexually violent predator specification; execution of a jury waiver is not required. Trial court should not have permitted the sexual assault nurse examiner to testify that the victim's medical records \confirmed sexual abuse\ because it infringed on the jury's factfinding function. Nevertheless, the error did not affect the defendant's substantial rights because the defendant's expert refuted the nurse's opinion. Witness's letter to police is inadmissible under Evid.R. 803(8)(b) because it was not words of law enforcement personnel. Trial court's misstatement giving the jury its instructions was harmless when the written instructions provided to the jury contained the correct definition.