State v. Stone
2013 Ohio 209
Ohio Ct. App.2013Background
- Stone is convicted of gross sexual imposition after trial in the Scioto County Court of Common Pleas.
- During trial the victim testified she was assaulted by Stone in a funeral home parking lot; Stone admitted a hug but denied groping.
- The State introduced hearsay statements attributed to the victim regarding what she told police and later to an officer; the court admitted post-arrest behavior testimony as other-acts evidence.
- Stone challenges the admissibility of the hearsay and other-acts evidence, and also contests the imposition of fines and court costs.
- The appellate court concludes the hearsay and other-acts errors were harmless given substantial other evidence, but finds the court failed to assess Stone’s ability to pay before imposing a $1,000 fine and remands for that determination.
- The judgment is affirmed in part, reversed in part, and remanded for proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of hearsay evidence | Stone argues the victim’s police-statement and officer testimony were inadmissible hearsay. | Stone contends the statements are hearsay and not within exceptions. | Hearsay was admissible only cumulatively; harmless error. |
| Admission of other-acts evidence | Stone argues post-arrest behavior testimony unfairly inflames the jury and shows character. | State contends it shows consciousness of guilt or context. | Admission harmless given substantial other evidence; error preserved but harmless. |
| Finances: waiver of costs/fines | Stone argues costs should be waived due to indigence. | State asserts costs must be imposed; no current ability-to-pay finding. | Costs waived on remand; fine reversed for lack of ability-to-pay consideration; remand for financial-sanction review. |
Key Cases Cited
- State v. Green, 184 Ohio App.3d 406 (4th Dist. 2009) (harms analysis; evidentiary ruling reviewed for abuse of discretion)
- State v. McKnight, 107 Ohio St.3d 101 (2005-Ohio-6046) (harmless-error analysis for evidentiary errors)
- State v. Conway, 109 Ohio St.3d 412 (2006-Ohio-2815) (nonconstitutional harmless-error standard apply to evidentiary errors)
- State v. Williams, 2009-Ohio-657 (4th Dist. 2009) (requirement to consider ability to pay; totality of the record)