State v. Lammie

Citations

• 2026 Ohio 1109

Syllabus

Evidence of Prior Convictions for Impeachment Purposes; Evid.R. 609(B); Abuse of Discretion; Limiting Instruction; Merger; R.C. 2941.25; Plain Error. The trial court did not abuse its discretion when it admitted evidence of the defendant-appellant's prior convictions. The prior convictions are within the ten-year time limit and involve crimes of dishonesty and moral turpitude. Defense counsel's decision not to request a limiting instruction regarding the jury's use of the defendant-appellant's prior convictions can be a tactical one. Trial courts should not interfere with the tactical decisions of defense counsel by stepping in and sua sponte giving a limiting instruction. Therefore, the trial court did not commit plain error by failing to sua sponte give a limiting instruction. The defendant-appellant cannot establish the first element of the plain-error test—that an error occurred—because the trial court did not err by sentencing the defendant-appellant on the felonious-assault and domestic-violence convictions.