State v. Kelley

Citations

• 227 N.E.3d 544
• 2023 Ohio 3972

Syllabus

Domestic violence alibi witnesses sufficiency of evidence family or household member. The trial court's exclusion of alibi witnesses from testifying did not materially prejudice appellant. There is sufficient evidence for the elevation of appellant's domestic violence to a third-degree felony based on his prior assault convictions. While the journal entries for the prior convictions did not specify that the victim in those cases was a family or household member, the transcript reflects testimony that the victim in the instant case was also the victim in the prior assault cases and she and appellant had lived together and were in a relationship since 2017 and, therefore, was \a family or household member\ as statutorily defined.