State v. Ray

Ann Dyke, Judge.

{¶ 1} Appellant, the state of Ohio, appeals the trial court’s denial of its motion to admit victim’s statements and the trial court’s granting of the motion of defendant-appellee, Thomas J. Ray (“appellee”), to exclude statements of the victim. For the reasons that follow, we affirm in part and reverse in part, and remand to the trial court for proceedings consistent with this opinion.

{¶ 2} During the evening of January 5, 2008, Robert Crutchfield, a U.S. Marine recently home following a tour in Iraq, was waiting for a bus at 7118 Superior Avenue in Cleveland, Ohio with his…