State v. Nicholson

Citations

• 2025 Ohio 2639

Syllabus

EVIDENCE OF PRIOR CONVICTIONS FOR IMPEACHMENT PURPOSES; EVID.R. 609(B); REVERSIBLE ERROR; SUFFICIENCY OF THE EVIDENCE. The trial court committed reversible error when it admitted evidence of defendant-appellant's prior convictions—wherein more than ten years has elapsed since the date of each conviction, the release from confinement, or the termination of community control sanctions—without first making a determination as required under Evid.R. 609(B). The defendant-appellant was materially prejudiced by the trial court's failure to make a determination as required under Evid.R. 609(B) because he was denied a fair trial. The State presented sufficient evidence during its case-in-chief to support a possession-of-cocaine conviction such that remand for a new trial is warranted.