State v. Johnson

Citations

• 208 N.E.3d 949
• 2023 Ohio 445

Syllabus

Confrontation Clause 911 call non-testimonial statements testimonial statements primary purpose test ongoing emergency hearsay excited utterance harmless error. Where there was no ongoing emergency at the time of 911 call, alleged victim's statements to 911 dispatcher, identifying defendant as her assailant and reporting what he had done, were testimonial, and admission of those statements at trial violated defendant's Sixth Amendment right to confront the witnesses against him. Error in admitting 911 call was not harmless error where 911 call was the only evidence presented at trial establishing essential elements of the offenses of which defendant was convicted.