Evidence Cases
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Coverage since May 26, 2026

Evidence

Ohio Court of Appeals (Twelfth District)
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State v. Brock — Court affirms murder conviction, rejecting challenges to character evidence and grant of immunity

The Twelfth District affirmed a murder conviction arising from a shooting during a domestic dispute, holding that the trial court properly admitted the defendant’s prior violent acts as character evidence under Evid.R. 404(A) and that the State’s grant of immunity to a key witness did not render her testimony unreliable.

Ohio Court of Appeals (Sixth District)
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State v. Hall — Court affirms speeding conviction but addresses pro se litigant’s discovery challenges

The Sixth District affirmed a speeding conviction where the pro se defendant failed to serve formal discovery on the prosecutor, holding that public records requests to the sheriff’s office do not satisfy Crim.R. 16 discovery obligations, even when a judge ordered the State to comply.

Ohio Court of Appeals (Sixth District)
Uncategorized

State v. Freiburger — Court affirms 13-year sentence for car dealership burglary spree, rejects allocution and merger challenges

The Sixth District affirmed a 13-to-16.5-year prison sentence for attempted RICO, burglary, and related offenses, holding that the trial court did not violate the defendant’s right to allocution by refusing a mid-hearing request to consult with counsel and that burglary and attempted grand theft of a motor vehicle are not allied offenses of similar import.

Ohio Court of Appeals (Fifth District)
Uncategorized

State v. Anderson — Court affirms child sex abuse conviction, addresses competency ruling and Confrontation Clause limits

The Fifth District affirmed convictions for gross sexual imposition against a minor, holding that the trial court did not abuse its discretion by ruling a child victim incompetent to testify without an in-person hearing and that the Confrontation Clause does not guarantee the right to comment on a witness’s absence at trial.

Ohio Court of Appeals (Ninth District)
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State v. Grose — Court affirms domestic violence conviction despite incomplete Crim.R. 5 advisements

The Ninth District affirmed a domestic violence conviction, holding that the trial court’s failure to advise the defendant of his right to a jury trial and right to remain silent at arraignment was not prejudicial where the defendant later knowingly waived a jury trial through written motion.

Ohio Court of Appeals (Ninth District)
Uncategorized

State v. Peasley — Ninth District affirms murder conviction, holds failure to argue plain error forfeits jury instruction challenges

The Ninth District affirmed a murder conviction, holding that the defendant forfeited jury instruction challenges by failing to object and that Ohio’s self-defense presumption under R.C. 2901.05(B)(2) was unavailable because the victim had a right to be in the residence.

Ohio Court of Appeals (Ninth District)
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State v. Williams — Ninth District dismisses State’s appeal, holds R.C. 2945.44 requires complete transactional immunity before compelling testimony

The Ninth District dismissed the State’s appeal of a trial court’s refusal to compel witness testimony, holding that R.C. 2945.44 requires full transactional immunity and that the State’s offer excluding murder was insufficient to compel testimony over a Fifth Amendment invocation.

Ohio Court of Appeals (First District)
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In re K.G. — First District affirms juvenile delinquency adjudication and DYS commitment for felonious assault with firearm

The First District affirmed a juvenile delinquency adjudication for felonious assault, holding that FaceTime-based identification combined with social media confirmation was sufficient and that DYS commitment was appropriate for a first-time offender who fired a gun at a victim.

Ohio Court of Appeals (Third District)
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State v. Graham — Third District reverses eight rape convictions for insufficient evidence of separate acts, affirms remaining counts

The Third District reversed eight of nine rape convictions involving a minor victim, holding that the State failed to present sufficient evidence to distinguish each count as a separate act, while affirming convictions on one rape count and two gross sexual imposition counts.

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