State v. Sims, 947 N.E.2d 227

Brandon Sims appeals his conviction for attempted felonious assault following a June 22, 2009 domestic-violence incident with his estranged wife Jessica Sims.
Jessica Sims and Sims were married in 2008 and separated in 2009; Jessica moved with her daughter to an apartment in Xenia in May 2009.
During the June 22, 2009 confrontation, both parties inflicted physical harm; Sims choked Jessica after an altercation over her affair.
Neighbor Naomi Waters observed Sims following Jessica as she crawled across the ground and heard Sims threaten continued violence.
Jessica Sims was hospitalized after the incident; Sims was indicted on attempted felonious assault and kidnapping, but was later convicted only of the attempted felonious assault and sentenced to five years in prison.
On appeal, Sims challenges the admission of prior domestic-violence acts and argues other trial errors; the reviewing court sustains the first assignment of error and reverses and remands.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admission of other bad acts evidence under Evid.R. 404(B)	Sims argues prior DV acts were inadmissible to show propensity or state of mind.	Sims contends the court violated 404(B) by admitting extrinsic acts that were not tied to legitimate issues.	Trial court abused discretion; conviction reversed and remanded.

State v. Kelly, 89 Ohio App.3d 320 (Ohio App.3d 1993) (prior DV incidents used to show victim's state of mind deemed problematic)
State v. Smith, 84 Ohio App.3d 647 (Ohio App.3d 1992) (relevance of other-act evidence to issues at trial)
State v. Broom, 40 Ohio St.3d 277 (1988) (admissibility checked against 404(B) risk of character-inference)
State v. Flonnory, 31 Ohio St.2d 124 (1972) (early articulation of restriction on other-act evidence)
State v. Curry, 43 Ohio St.2d 66 (1975) (precedent on domestic-violence evidence in kidnapping/abduction)
State v. Crotts, 104 Ohio St.3d 432 (2004) (relevant limitations on 404(B) evidence)
Nucklos, 171 Ohio App.3d 38 (2007-Ohio-1025) (prior acts not admissible to prove intent/knowledge)