State v. Arnold (Slip Opinion)

{¶ 91} Respectfully, I must dissent.

{¶ 92} I agree that with regard to Lester’s Fifth Amendment claims, the “record before us does not reflect an ideal inquiry by the trial court.” Lead opinion at ¶ 48. However, this matter presents a good opportunity to explain the duty of a trial court to take affirmative steps to determine the validity of the Fifth Amendment claims of any witness. Hoffman v. United States, 341 U.S. 479, 486-487, 71 S.Ct. 814, 95 L.Ed. 1118 (1951); United States v. Melchor Moreno, 536 F.2d 1042, 1046 (5th Cir.1976). If the trial court had simply taken Lester aside and had a…