State v. Kempton
2016 Ohio 1183
Ohio Ct. App.2016Background
- Kempton was charged with robbery after a municipal-court preliminary hearing where the alleged victim testified and probable cause was found; he was later indicted for aggravated robbery in common pleas court.
- The victim died before the jury trial.
- At trial, the State sought to introduce the deceased victim’s preliminary-hearing testimony; defense counsel objected and moved in limine to exclude it.
- The trial court overruled the motion; a redacted version of the preliminary-hearing testimony was read to the jury.
- The jury convicted Kempton; he was sentenced to 10 years and appealed, arguing the admission violated Evid.R. 804(B)(1).
- The appellate record did not include the trial transcript despite the appellant’s praecipe and the court’s warning; the appellant did not supplement the record when ordered to do so.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by admitting the deceased victim’s preliminary-hearing testimony at the jury trial | State: admission was appropriate (relied on court’s evidentiary rulings at trial) | Kempton: reading the preliminary-hearing transcript into evidence violated Evid.R. 804(B)(1) and related authority | Affirmed — appeal overruled because the record lacked the trial transcript necessary for meaningful review; regularity of proceedings presumed |
Key Cases Cited
- State v. Green, 921 N.E.2d 276 (Ohio Ct. App. 2009) (admission/exclusion of evidence is reviewed for abuse of discretion)
- State v. Adams, 404 N.E.2d 144 (Ohio 1980) (definition of abuse of discretion)
- Knapp v. Edwards Laboratories, 400 N.E.2d 384 (Ohio 1980) (when necessary transcript portions are omitted on appeal, appellate court must presume regularity and affirm)