# State v. Maxwell

> Ohio Supreme Court · March 20, 2014 · 139 Ohio St. 3d 12

URL: https://www.frixlaw.com/law-library/cases/9801339

## Case

- **Full name:** The State of Ohio, Appellee, v. Maxwell, Appellant
- **Court:** Ohio Supreme Court
- **Decided:** March 20, 2014
- **Citations:** 139 Ohio St. 3d 12; 9 N.E.3d 930; 2014 Ohio 1019
- **Precedential status:** Published
- **Opinion:** Concurrence by French
- **Judges:** O'Connor, O'Donnell, Kennedy, French, Pfeifer, O'Neill
- **Cited by:** 317 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9801339

## How later opinions describe it (automated extraction)

- stating that “the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination”
- finding that “the Confrontation Clause did not apply” to statements that “were not offered to establish the truth of the matter asserted.”
- concluding autopsy reports are created primarily to document the cause of death for the public records and public health, and are therefore nontestimonial

## Opinion text

French, J.,
concurring.
{¶ 288} I agree "with the concurring and dissenting opinion that the admission of the autopsy report and the admission of Dr. Felo’s testimony regarding the information contained in the autopsy report violated Maxwell’s confrontation rights, but that the admission of that evidence constituted harmless error. I also agree that Dr. Felo’s independent conclusions would not offend the Confrontation Clause.
*70 {¶ 289} Autopsy reports are not per se nontestimonial. Ohio’s statutory scheme makes clear that an autopsy is intended to serve two distinct purposes: (1) investigation of homicides and other crimes and (2) investigation of publichéalth concerns. R.C. 313.131(C)(1) (“An autopsy is a compelling public necessity if it is necessary to the conduct of an investigation by law enforcement officials of a homicide or suspected homicide, or any other criminal investigation, or is necessary to establish the cause of the deceased person’s death for the purpose of protecting against an immediate and substantial threat to the public health”). To determine which purpose takes precedence in any given case, we must look to the facts of that particular case. Here, police responded to a shooting. The coroner received the body of a victim who had been shot twice in the head. Common sense tells us that the coroner was not investigating a mysterious public-health epidemic. He was investigating a homicide and would have clearly expected his report to be used in a subsequent murder trial. Thus, in this case, the report was testimonial.
{¶ 290} I agree with the majority’s independent review of the imposition of the death penalty, however, and would affirm on those grounds.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9801339. Public record. Not legal advice.