State v. Kirby

Citations

• 2024 Ohio 1582

Syllabus

Attempted rape abduction Rape Shield Statute R.C. 2907.02(D) exclusion of evidence balancing test sufficiency of the evidence manifest weight of the evidence conflicting testimony credibility determination. Defendant was convicted after trial of attempted rape and abduction. Defendant asserted on appeal the trial court erred by excluding evidence pursuant to R.C. 2907.02(D). The trial court excluded evidence that was specific to the victim's past sexual activity and, by allowing general testimony that conversations between defendant and complainant were of a sexual nature, the trial court balanced defendant's due process rights against the state's interest in precluding evidence under the Rape Shield Statute. The convictions were based on sufficient evidence where the complainant's testimony went to all elements of the crimes charged. Further, the convictions were not against the manifest weight of the evidence where the victim's testimony was not inherently incredible, the testimony was bolstered by defendant's apologies, and where the determination of credibility and resolving conflicts in testimony and evidence rests solely with the finder of fact.