State v. Wallace

Citations

• 2017 Ohio 9187

Syllabus

MURDER - DISCOVERY - HEARSAY - CONSPIRACY -CONSTITUTIONAL LAW/CRIMINAL - CONFRONTATION CLAUSE - OTHER-ACTS EVIDENCE - WITNESSES - PROSECUTOR: Any error by the trial court in denying defendant's motion to strike the state's certification of nondisclosure of witnesses for lack of specificity was harmless because the case was not actually tried until 16 months after the disclosure of the witnesses' names. Any error by the trial court in admitting into evidence statements of a coconspirator before the state presented independent proof of the conspiracy was harmless where the state proffered the evidence it would present to show the conspiracy and it later presented that evidence. The admission into evidence of the statements of a coconspirator did not violate defendant's right to confront the witnesses against him because statements in furtherance of a conspiracy are inherently nontestimonial. Evidence that about two weeks before the murder for which he was being tried, defendant had possessed a backpack containing marijuana, a bag of bullets and a cardboard case for a 9 mm firearm was not impermissible other-acts evidence, because it was relevant to show knowledge, absence of mistake, preparation or plan, and intent. The trial court did not err in allowing the state to impeach its own witness where the witness did not give neutral answers, but instead denied knowing another witness and did not remember seeing that witness on the night of the murder, contrary to her previous statement to police, and therefore, the state showed affirmative damage. None of the prosecutor's alleged improper comments was so egregious as to affect the defendant's substantial rights or to deny him a fair trial.