State v. Rac

Citations

• 2019 Ohio 893
• 124 N.E.3d 878

Syllabus

No proper foundation was established for the trial court's preliminary jury instructions regarding the fallibility of memory. The complainant's ability to identify the defendant was not at issue, and no expert testimony on the subject of memory was presented by either party or by the trial court. Accordingly, the State's sole assignment of error challenging the preliminary jury instructions is sustained, without affecting the defendant's judgment entry of acquittal. (Welbaum, P.J., concurring.)