State v. McDaniel

Citations

• 168 N.E.3d 910
• 2021 Ohio 724

Syllabus

OTHER-ACTS EVIDENCE – PROPENSITY – INVITED ERROR – VOYEURISM: The trial court did not err in admitting a witness's testimony about defendant's prior convictions where defense counsel elicited the witness's answer on cross-examination. Additional evidence in the form of certified copies of defendant's prior convictions constituted propensity evidence in violation of Evid.R. 404(B), but any error was harmless because the jury permissibly knew about those convictions through the witness's testimony. [But see DISSENT: The trial court's erroneous admission of the certified copies of defendant's prior misdemeanor convictions was not harmless where the case turned on witness credibility.] Defendant's conviction for voyeurism was not against the weight of the evidence because it was the duty of the jury to make credibility determinations.