State v. Tomlinson

Citations

• 2021 Ohio 1301

Syllabus

Crim.R. 8(A)/joinder Crim.R. 14/relief from joinder Evid.R. 803(2)/excited utterance/hearsay exception admission of evidence abuse of discretion Crim.R. 16/discovery. The indicted offenses against appellant were of the same or similar character where appellant fired the same weapon at multiple victims - one victim being involved in two of the three shootings. Appellee presented simple and direct evidence of the multiple offenses and there was no evidence that the jury was confused. There was no prejudicial joinder against appellant, and there was no error where the trial court denied appellant's motion for relief from prejudicial joinder. Appellant was not denied his constitutional right to confront witnesses. Statements made by victims and witnesses given to the officer and recorded on the officer's body camera, and determined not to be testimonial, met the standard for an excited-utterance-hearsay exception. It was not an abuse of discretion where the trial court allowed the body-camera statements to be admitted as evidence. Appellant's claim, that evidence turned over to appellant five days into trial prejudiced appellant, is without merit. The offenses, to which the evidence pertained, were dismissed. Thus, appellant cannot show that he was prejudiced where the evidence was allowed. At most, the admission of the evidence was harmless error.