State v. Worship

Citations

• 2022 Ohio 52

Syllabus

Although appellant's medical records were not properly certified pursuant to R.C. 2317.422(A), their erroneous admission was harmless where there was ample additional evidence to show that appellant knew about his diagnosis and failed to fully disclose to the victim that he was HIV positive, without use of the medical records. R.C. 3701.243(C)(1) and (2) permit a court to issue an order granting a government agency the authority to disclose HIV test records on a showing of compelling need. Neither provision prohibits the introduction of evidence concerning an HIV test of a specific individual in a criminal proceeding. The state demonstrated a compelling need for the records, so the physician-patient privilege did not apply. In finding appellant guilty of felonious assault, the trial court was entitled to discredit appellant's testimony and believe the victim's testimony. In believing that testimony, the trial court could reasonably conclude from substantial evidence that the state proved the offense beyond a reasonable doubt.