State v. Jones

Citations

• 2025 Ohio 3095

Syllabus

APPELLATE REVIEW/CRIMINAL – CONSTITUTIONAL LAW/CRIMINAL – CONFRONTATION CLAUSE – CROSS-EXAMINATION – PRIOR TESTIMONY – EVID.R. 806 – HEARSAY: The trial court properly granted defendant's motion to exclude the testimony of the now-deceased police-officer witness given at defendant's prior trial under the Confrontation Clause, where defendant had not been provided an adequate opportunity to cross-examine that witness at his prior trial because the State withheld records crucial to impeach the witness. Defendant's ability to introduce impeachment materials against an unavailable witness under Evid.R. 806 could not render the unavailable witness's prior testimony admissible under the Confrontation Clause, where defendant did not have an adequate opportunity to cross-examine that witness in the prior proceeding. [But see DISSENT: The trial court had no jurisdiction to enter the order excluding the testimony where the State had perfected its appeal to the Ohio Supreme Court of this court's order denying the State leave to appeal the trial court's previous order granting defendant a new trial.]