State v. R.W.

Citations

• 2022 Ohio 2771

Syllabus

Due process jail clothing ex parte communication Jud.Cond.R. 2.9(A) Evid.R. 611 Evid.R. 403 vouch credibility manifest weight Reagan Tokes Law. - Appellant was not denied due process of law when, over objection, he appeared in jail clothing in front of the jury. The appellant's prior conduct revealed to the jury that he was in custody. The jury's verdict demonstrated that it was able to deliberate objectively and fairly despite seeing the appellant in jail clothing. Trial court did not engage in ex parte communication that materially prejudiced the appellant. The communication reiterated what occurred earlier, which was in the appellant's presence. The trial court's denial of allowing appellant to recall a state's witness was not an abuse of discretion because the testimony would have been cumulative and caused unnecessary delay. Witness did not vouch for the credibility of child-victim because the witness did not testify that she believed the victim or whether the victim was being truthful. Appellant's rape and sexual battery convictions were not against the manifest weight. Although the jury heard testimony that the DNA was inconclusive, the jury also heard testimony from the victim that would explain or justify the absence of the physical evidence.