State v. Schwegmann

Citations

• 2018 Ohio 3757

Syllabus

DOMESTIC VIOLENCE – EVIDENCE/WITNESS/TRIAL – EVID.R. 608(B) – COHABITATION : An alleged prior threat by the victim to make a false accusation of domestic violence was not clearly probative of truthfulness or untruthfulness where the alleged threat was not made to defendant, and the victim testified that she had never made a false accusation of domestic violence against anyone therefore, the trial court did not abuse its discretion in preventing defense counsel from cross-examining the victim about the alleged threat. [But see CONCURRENCE: The trial court erred in not allowing defense counsel to cross-examine the victim as to whether she had threatened to falsely accuse anyone of domestic violence, because a threat to make a false accusation of domestic violence is probative to truthfulness or untruthfulness in a domestic-violence case but the error was harmless in light of the overwhelming evidence against defendant.] Defendant's conviction for domestic violence was supported by sufficient evidence and was not against the manifest weight of the evidence where the state established cohabitation through the victim's testimony that she had been dating the defendant for six months and had been living with him for a month when the altercation occurred.