Opinion

State v. Kovac

  • 150 Ohio App. 3d 676
  • 782 N.E.2d 1185
Court
Ohio Court of Appeals
Filed
Dec 6, 2002
Status
Published
Author
Young
On the bench
Brogan, Grady, Young
Cited by
23 cases

noting that “lay witnesses are prohibited from testifying as to another witness's veracity”

How later courts described this case

  • noting that “lay witnesses are prohibited from testifying as to another witness's veracity”

Written by the judges who cited it.

The opinion

Frederick N. Young, J.,

dissenting.

{¶ 73} I must respectfully dissent.

*695

{¶ 74} While I agree with the majority that the testimony by R.L.’s mother that her daughter was telling the truth about the rape was a clear violation of the rule enunciated in

State v. Boston,

and that the testimony was not invited error, I find the corroborating testimony by others, particularly that of J.S., H.G., and, indeed, the alleged victim’s mother, as recounted in the majority opinion at ¶ 7-24, sufficient, if believed by a jury, as it obviously was, to render the mother’s testimony as the veracity of her child harmless beyond a reasonable doubt. A jury can readily discount a mother’s testimony shielding her daughter much more easily than a physician’s testimony as to the veracity of the alleged rape victim, which was the case in

Boston.

{¶ 75} Indeed, the majority actually finds that the verdict here was not against the manifest weight of the evidence, and for the same reasons cited by the majority for that finding at the end of its opinion, I find that the

Boston

error was harmless beyond a reasonable doubt.

{¶ 76} I would affirm.

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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