Opinion

State v. Secessions

  • 196 Ohio App. 3d 741
  • 965 N.E.2d 359
  • 2011 Ohio 6066
Court
Ohio Court of Appeals
Filed
Nov 23, 2011
Status
Published
Author
Belfance
On the bench
Dickinson, Belfance, Carr
Cited by
4 cases

The opinion

Belfance, Presiding Judge,

concurring.

{¶ 37} I concur. I write separately to emphasize that I do not condone the conduct of the prosecutor in failing to disclose the information concerning the alleged bribe to defense counsel and eliciting this testimony from the witness. However, I agree that in light of the specific facts presented and our standard of review, the trial court’s failure to sua sponte declare a mistrial does not rise to the level of plain error. The alleged bribe was not made by Secessions or a member of Secessions’s family, and, therefore, Secessions was not directly connected to the bribe. Accordingly, I concur.

*753 Carr, Judge, concurring in judgment only.

{¶ 38} I join in Judge Belfance’s concerns in her separate opinion. I concur separately on the basis that I would analyze the discovery dispute differently than the majority. First, the prosecutor had a mandatory duty to disclose the alleged bribery statement. Second, Secessions was not prejudiced because the testimony was stricken by the trial court and the jury was instructed to disregard it.

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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