State v. Walker

Citations

• 2022 Ohio 1238

Syllabus

Domestic violence prior convictions enhancement R.C. 2945.75(B) stipulation prosecutorial misconduct closing argument character evidence passion and prejudice jury fair trial. - Absent a stipulation, proof of prior convictions for enhancement purposes must comply with R.C. 2945.75(B). Even though the state did not receive a stipulation and did not comply with R.C. 2945.75(B) the error was not properly preserved on appeal and was not raised for this court to consider. When the prosecutor's comments during closing argument uses improper character evidence, i.e. prior domestic violence convictions, to incite the passion and prejudice of the jury, a defendant is deprived of a fair trial.