State v. Young

Citations

• 176 N.E.3d 1074
• 2021 Ohio 2541

Syllabus

Evidentiary Issues - The trial court did not err in excluding appellant from introducing extrinsic evidence of a prior inconsistent statement by the victim, where the victim admitted making the inconsistent statement on cross-examination. Appellant failed to preserve the issue of the admissibility of evidence subject to a motion in limine ruling by failing to seek to introduce the evidence at trial or by failing to proffer it at trial. Finally, the trial court did not err in admitting text messages which were recovered by law enforcement after being deleted, as the texts were authenticated by the victim and law enforcement and the full context of the text messages that could be recovered were made available. Motion for New Trial - The trial court did not err in denying appellant's motion for new trial on the basis that defense counsel failed to discover a topless photograph of the victim shared by the state during discovery where appellant failed to demonstrate he was prejudiced by defense counsel's failure to discover or use the photograph. The trial court did not err in denying appellant's motion for new trial on the basis that the victim had an undisclosed financial interest in the outcome of trial where the prosecutor advised defense counsel of the possible financial interest prior to trial and the victim was cross-examined about her financial interest at trial.