Opinion

State v. Arnold (Slip Opinion)

  • 147 Ohio St. 3d 138
  • 62 N.E.3d 153
  • 2016 Ohio 1595
Court
Ohio Supreme Court
Filed
Apr 20, 2016
Status
Published
Author
Lanzinger
On the bench
O'Connor, Pfeifer, Kennedy, French, O'Donnell, Lanzinger, O'Neill
Cited by
77 cases
Authority
More cited than 12.1%

holding that because the defendant did not raise to the trial court his claim of violation of his right to confront witnesses under the Sixth Amendment, “the claim is thus waived unless plain error is shown”

How later courts described this case

  • holding that because the defendant did not raise to the trial court his claim of violation of his right to confront witnesses under the Sixth Amendment, “the claim is thus waived unless plain error is shown”
  • regarding admission of prior inconsistent statement, the Sixth Amendment only requires that a witness be “present in open court and confronted about his prior statement by all concerned: the state, the court, and defense counsel”
  • explaining that standing involves the right of a party who has suffered actual injury to seek redress from the court

Written by the judges who cited it.

The opinion

*162 Lanzinger, J.,

dissenting.

{¶ 88} This is simply a municipal court case in which the alleged victim, Lester Arnold, father of the defendant, Jeffrey Arnold, had a change of heart and did not wish to testify against his son on an assault charge. When called to the stand, Lester attempted to invoke the Fifth Amendment protection of the right against self-incrimination.

{¶ 89} This is a fact-specific case that, despite the treatise of the lead opinion, articulates no new legal principle. A witness may indeed have reason to invoke the Fifth Amendment protection to remain silent, even during a bench trial. It is the duty of the court to determine whether the privilege is justified under the circumstances. Hoffman v. United States, 341 U.S. 479, 486 , 71 S.Ct. 814 , 95 L.Ed. 1118 (1951); State v. Landrum, 53 Ohio St.3d 107, 120 , 559 N.E.2d 710 (1990). No bright-line rule can tell us whether answering a question would cause injurious disclosure to the witness; yet at the very least the court must inquire to ensure that the witness is invoking the privilege properly, which in this case it did not do.

{¶ 90} In my view, this is a case of error correction only, and I would hold that the matter was improvidently accepted.

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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