2012 Ohio 5107
Ohio Ct. App.2012Background
- Sullivan assaulted a peace officer (Fraley) after a scuffle at a Dayton, Ohio, store, biting him for about two minutes.
- Indicted for assault on a peace officer under R.C. 2903.13; pled not guilty by reason of insanity; competency found, sanity at time of offense disputed.
- Defense presented Dr. De Marchis, who opined Sullivan lacked the understanding of wrongfulness due to a serious mental disease; State rebutted with Dr. Marciani.
- Trial court found Sullivan guilty of assault on a peace officer and sentenced to five years of community control.
- On appeal, Sullivan challenged expert testimony as based on evidence not in the record and on hearsay; issues decided under plain error review.
- The court affirmed the trial court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of Marciani testimony based on non-record facts | Sullivan argues Marciani relied on unrecorded facts. | State contends Solomon permits reliance on perceived data. | No plain error; proper under Evid.R.703. |
| Hearsay basis of Marciani testimony | Marciani relied on hearsay from non-testifying sources. | No prejudice; similar reliance existed for De Marchis; substantial evidence supports decision. | No plain error; admissible under the rule. |
Key Cases Cited
- State v. Solomon, 59 Ohio St.3d 124 (Ohio 1991) (expert may base opinion on facts or data perceived or admitted into evidence)
- State v. Rodriguez, 2009-Ohio-4460 (12th Dist. Butler 2009) (admissibility of expert testimony with hearsay sources)
- State v. Long, 53 Ohio St.2d 91 (Ohio 1978) (plain error standard governs extraordinary relief)
- State v. Bryan, 101 Ohio St.3d 272 (Ohio 2004) (plain error review for trial omissions)
- State v. Ballew, 76 Ohio St.3d 244 (Ohio 1996) (plain error framework in criminal appeals)