State v. Smith, 2013 Ohio 5827

Appellant Mitchell S. Smith appeals a civil commitment judgment under R.C. 2945.401 and related proceedings.
Trial court found Smith incompetent to stand trial and, due to mental retardation, proceedings retained jurisdiction under R.C. 2945.39(A)(2).
The state sought to retain jurisdiction and presented evidence, including Smith’s inculpatory police interview, to prove alleged offenses and eligibility for commitment.
A seven-year-old eyewitness, M.P., was evaluated for competency to testify at the civil commitment hearing.
The trial court admitted the inculpatory statement and found M.P. competent under Evid.R. 601 and the Frazier framework.
The court ultimately committed Smith to a state facility for life under R.C. 2945.401 after finding he is a mentally retarded person subject to institutionalization.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the inculpatory statement was admissible	State argues R.C. 2945.39 allows all relevant evidence, including police statements.	Smith contends incompetence to stand trial invalidates the statement for use in civil commitment.	Statement admissible; court acted within statutory discretion.
Whether the child witness was competent to testify	State contends M.P. satisfied Frazier prerequisites for competence.	Smith argues reliability concerns outweigh competence finding.	M.P. competent under Evid.R. 601 and Frazier factors.

State v. Williams, 126 Ohio St.3d 65 (Ohio Supreme Court, 2010) (civil nature of R.C. 2945.39; no criminal due process safeguards)
State v. Clark, 71 Ohio St.3d 466 (Ohio Supreme Court, 1994) (framework for evaluating child witnesses under Frazier)
State v. Frazier, 61 Ohio St.3d 247 (Ohio Supreme Court, 1991) (Frazier factors for competence of child witnesses)
Baxter v. Palmigiano, 425 U.S. 308 (U.S. Supreme Court, 1976) (Miranda waivers not required in some civil proceedings; admissibility of statements)