State v. Smith

Citations

• 2023 Ohio 603

Syllabus

Sixth Amendment Confrontation Clause nontestimonial statements testimonial statements primary purpose test ongoing emergency body camera footage manifest weight of the evidence felonious assault R.C. 2903.11(A)(1) R.C. 2903.11(A)(2) domestic violence R.C. 2919.25(A) indefinite sentence Reagan Tokes Law right to jury trial Crim.R. 23(A) R.C. 2945.05 jury waiver. Declarant's statements to police officer relating to March 2020 incident, made while in the custody of EMS personnel, receiving medical care in the back of an ambulance, were testimonial and admission of police officer testimony and body camera footage of such statements violated the Confrontation Clause where the primary purpose of the interrogation was to document past events for a later criminal investigation or prosecution. Trial court's improper admission of statements was not harmless error and affected defendant's substantial rights where evidence that remained once the improperly admitted evidence was removed from consideration was insufficient to support defendant's convictions relating to March 2020 incident. Convictions for felonious assault and domestic violence relating to December 2020 incident were not against the manifest weight of the evidence. Constitutional challenges to indefinite sentencing provisions of Reagan Tokes Law overruled based on State v. Delvallie, 2022-Ohio-470, 185 N.E.3d 536 (8th Dist.). Where jury waivers complied with all applicable statutory and common law requirements, temporary suspension of jury trials or other limits on the scheduling of jury trials due to COVID-19 did not violate Sixth Amendment or invalidate waiver of right to jury trial.