Opinion

State v. Smith

  • 84 Ohio App. 3d 647
  • 617 N.E.2d 1160
  • 1992 Ohio App. LEXIS 6632
Court
Ohio Court of Appeals
Filed
Dec 31, 1992
Status
Published
Author
Brogan
On the bench
Grady, Fain, Brogan
Cited by
72 cases

stating that other acts "evidence is never admissible when its sole purpose is to establish that the defendant committed the act alleged of him in the indictment"

How later courts described this case

  • stating that other acts "evidence is never admissible when its sole purpose is to establish that the defendant committed the act alleged of him in the indictment"
  • by opening the issue of his character in that manner, the accused permits the state to rebut with character evidence tending to show his propensity to commit the acts and offenses alleged
  • error in admitting expert testimony on general pedophile characteristics
  • evidence of other bad acts admissible to show mistake by defendant, not by state's witnesses, and only if mistake is at issue

Written by the judges who cited it.

The opinion

*669

Brogan, Judge,

concurring in part and dissenting in part.

I concur for the reason that the trial court committed prejudicial error in admitting the other acts testimony. I do not find that the trial court erred in admitting Dr. Bergman’s testimony. I do not believe that an ordinary juror would be conversant with the behavioral patterns of pedophiles. The defendant invited the introduction of this testimony and I would defer to the trial court’s determination that the probative value of this testimony did not outweigh its prejudicial impact.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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