State v. Shedrick

This case requires us to resolve two issues: (1) what constitutes “evidence given in court” for purposes of the exclusion under R.C. 2151.358(H); (2) whether the testimony describing the prior rape constitutes “other act” evidence to identify the perpetrator under Evid.R. 404(B) and R.C. 2945.59.

I

Evidence Given in a Juvenile Proceeding

We turn first to the question of what constitutes evidence given in court for purposes of the exclusion under R.C. 2151.358(H). Specifically we must decide whether the testimony given in this case, by C.Y., her mother, and the investigating detective, about the…