State v. Volpi

Citations

• 231 N.E.3d 654
• 2023 Ohio 4488

Syllabus

CRIMINAL - Rape R.C. 2907.02 Sexual Batter R.C. 2907.03 Evid.R. 401 state of mind evidence Evid.R. 608(B) extrinsic evidence Boggs hearing R.C. 2907.02(D) prior false sexual activity accusations Evid.R. 803 hearsay primary purpose test Evid.R. 403 other acts evidence Evid.R. 801(D)(2) admission by party opponent cumulative error in loco parentis jury instruction within sound discretion of the trial court sufficiency of the evidence evidence not sufficient to sustain convictions for sexual battery under in loco parentis standard where appellant was not a person the victim went home to or relied upon for support reversal does not eliminate merged counts manifest weight of the evidence.