State v. Zolikoff

Citations

• 2025 Ohio 5040

Syllabus

Gross sexual imposition; R.C. 2907.05(A)(4); Evid.R. 404(B); other-acts evidence; motive; preparation or plan; lack of mistake or accident. Defendant appealed his conviction for gross sexual imposition, arguing that he was prejudiced by introduction of other-acts evidence that served no permissible purpose under Evid.R. 404(B). Testimony that defendant had developed relationships with and touched a friend of his daughter years prior to the charged offense did not show motive, preparation or plan, or lack of mistake or accident regarding alleged touching of victim in this case. Inadmissible other-acts evidence prejudiced defense, requiring a new trial, where only defendant and victim had firsthand knowledge regarding the touching at issue.