State v. Maley
2013 Ohio 3452
Ohio Ct. App.2013Background
- Maley appeals her felonious assault conviction in Hamilton County, Ohio.
- The trial court allowed the victim to remain in the courtroom despite a separation of witnesses order.
- Maley argued the victim’s presence violated her right to a fair trial and Evid.R. 615.
- R.C. 2930.09 permits a victim to be present during most proceedings unless exclusion is necessary for a fair trial.
- The court found no abuse of discretion and Maley was convicted and sentenced to four years.
- The court affirmed the judgment on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred by allowing the victim to remain in court | Maley | Maley | No abuse; victim may remain per statute and rule |
Key Cases Cited
- State v. Jackson, 107 Ohio St.3d 53 (2005-Ohio-5981) (limits on excluding a victim; discretionary standard)
- State v. Adams, 62 Ohio St.2d 151 (1980) (abuse of discretion standard for trial court decisions)