State v. Palmer-Tesema
Citations
- 2020 Ohio 907
Syllabus
Joinder prejudicial Crim.R. 14 rape jury instruction sleep voluntary intoxication substantial impairment Crim.R. 7(D) amendment indictment. - Trial court did not abuse its discretion in denying defendant's Crim.R. 14 relief from prejudicial joinder because the evidence of each rape and kidnapping charge was simple and direct. The evidence supported both a voluntary intoxication and sleep instruction for the purposes of substantial impairment. The trial court did not err in permitting the state to amend the indictment during trial by changing the method of rape because it did not change the name or identity of the offense.
Judges: Keough
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