evidence

Oral Argument Preview: Are Cellphone Records Admissible at Trial as Business Records? State v. Hood.

By Marianna Bettman on October 25, 2011

Update: On December 3, 2012, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

On November 2, the Supreme Court of Ohio will hear oral argument in the case of State v. Hood, 2010-2260. The issue in this case is whether cell phone records may…

What’s On Their Minds? May the Trial Court Call a Recanting Domestic Violence Victim as its Own Witness under Evid. R. 614(A)? State v. Ginley.

By Marianna Bettman on October 5, 2011

Update: On October 26 this case was dismissed as improvidently allowed.

On October 4 the Supreme Court of Ohio heard oral argument in State v. Ginley, case # 2010-1925. This case deals with the troubling issue of victims of domestic violence (the vast majority of whom are women) recanting at trial prior statements to…

Ohio Supreme Court Preview: Confrontation Clause Issues

By Marianna Bettman on August 16, 2011

Beginning in 2004, in Crawford v. Washington, the U.S. Supreme Court has written a series of very muscular decisions about the Confrontation Clause. Justice Scalia has been the leader of this trend.

In Crawford, the Court held that any testimonial statement from a witness who is unavailable to testify at trial can…