State v. Speis

Citations

• 2023 Ohio 1422

Syllabus

A prosecutor's comment during opening statements on a defendant's pre-arrest, pre-Miranda silence in the face of questioning by law enforcement does not violate the Fifth Amendment where the defendant did not expressly invoke the Fifth Amendment privilege against self-incrimination, and no exception applies. A social worker's testimony about an assessment based on a forensic interview of the victim and a Traumatic Symptoms Checklist for Young Children completed by the victim's mother may be admissible as lay testimony.