State v. Bogan, 2012 Ohio 3712

Bogan was indicted in 2010 for rape, kidnapping, aggravated burglary, aggravated robbery, and firearm specs stemming from a 1998 assault on M.S. in Dayton.
Trial occurred in October 2011; DNA tied Bogan to semen found on M.S. during a 1998 examination.
Detectives played a redacted recording of Bogan’s post-arrest interview in which he admitted living in the area and committing juvenile burglaries.
Bogan initially denied the 1998 rape but later claimed possible consensual sex, arguing the interview’s other-acts portions were improper.
Defense moved in limine to exclude other-burglaries as 404(B)/R.C. 2945.59 evidence; trial court allowed portions showing MO, opportunity, planning, and modus operandi.
After the State rested, defense objected to State’s Exhibit 16; court admitted the redacted interview; appellate review focused on plain-error standard due to forfeiture.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether other-burglaries evidence was properly admitted under 404(B)/2945.59.	State argues admissible as motive/planning; shows MO and opportunity.	Bogan contends no close temporal relationship; risk of prejudice.	No reversible error; admission upheld; plain-error review failed to show outcome would differ.

State v. Lewis, 66 Ohio App.3d 37 (2d Dist.1990) (other-acts admissible only with temporal proximity to the charged offense)
State v. Coleman, 575 N.E.2d 792 (Ohio Supreme Court 1988) (requires close temporal relation for other-acts evidence)
State v. Blankenburg, 966 N.E.2d 958 (12th Dist.2012) (similar evidentiary considerations; 404(B) vs. 2945.59)