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State v. Thomas

Citations

  • 2018 Ohio 4345

Syllabus

Appellant's conviction for two counts of rape of a person under the age of 13 and four counts of gross sexual imposition of a person under that age of 13 was not against the manifest weight of the evidence. In addition, the trial court did not abuse its discretion in permitting the victim to testify regarding other wrongful acts of the Appellant, including: (1) the Appellant showing the victim material on his computer that a reasonable juror could infer was child pornography and (2) three incidents of sexual abuse that were not alleged in the indictment. Finally, this court finds no plain error with regard to the prosecutor classifying the material on Appellant's computer as child pornography during its closing argument, as such an inference was reasonable and it did not affect the outcome of Appellant's trial. Judgment affirmed. (Donovan, J., concurring.)

Judges: Welbaum

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