State v. Skipper
2013 Ohio 4508
Ohio Ct. App.2013Background
- Skipper was charged with three counts of Aggravated Menacing and convicted after a bench trial; sentences were three concurrent 180-day terms.
- The offenses stemmed from Skipper directing four others in slashing tires and breaking car windows on Huffman Avenue in Dayton.
- Skipper confronted Andrea Booker with a knife at close range, brandished it near her face, and threatened others during the incident.
- Campbell testified Skipper sat in the back of a police cruiser during identification and made a throat-slitting gesture toward her.
- Booker identified Skipper and testified about a co-conspirator’s threat; the court admitted an out-of-court statement over hearsay objections as an excited utterance.
- The appellate court held admission of the statement was proper under excited utterance, verbal act, and coconspirator theories, and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the excited utterance exception applies | State argues the statement fits excited utterance. | Skipper contends the statement was not an excited utterance. | Admissible as excited utterance |
| Whether the statement qualifies as a verbal act | State asserts the threat constitutes a verbal act independent of truth. | Skipper challenges admissibility as hearsay not a verbal act. | Admissible as verbal act |
| Whether the statement is admissible as a coconspirator statement | State contends it was a coconspirator statement during/for the conspiracy. | Skipper disputes continued conspiracy evidence post-crime. | Admissible under Evid.R. 801(D)(2)(e) |
Key Cases Cited
- State v. Smith, 87 Ohio St.3d 424 (Ohio Supreme Court 2000) (excited utterance relaxed to threat context; admissibility)
- State v. McCaleb, 2004- Ohio-5940 (Ohio Court of Appeals 2004) (excited utterance criteria and four-part test)
- State v. Shelton, 2002-Ohio-5157 (Ohio Court of Appeals 2002) (excited utterance framework reference)
- State v. Zan, 2013-Ohio-1064 (Ohio Supreme Court 2013) (conspiracy continuation and admissibility post-crime)
- State v. Skatzes, 2004-Ohio-6391 (Ohio Supreme Court 2004) (independent proof of conspiracy standard)
- State v. Robb, 88 Ohio St.3d 59 (Ohio Supreme Court 2000) (co-conspirator statements as admissible if independent proof exists)
- State v. De Righter, 145 Ohio St. 552 (Ohio Supreme Court 1945) (early framework for conspiracy/after-acts admissibility)