Legal Opinion

State v. Post

New York County Court, Montgomery County

Decided December 19, 1988No. 88 D 6320PublishedCited by 2 opinions

1Opinion of the CourtJeffrey E. Froelich, J.

The defendant, Claudette A. Post, was stopped by a police officer and cited for violating R.C. 4511.12, failing to stop for a red light. The immediate question before the court is whether the officer was competent to testify pursuant to Evid. R. 601(C). The Evidence Rule (and the related Revised Code Sections, R.C. 4549.13, 4549.14, and 4549.15) make an officer incompetent to testify when he is on duty for the exclusive or main purpose of enforcing traffic laws and arrests or assists in the arrest of a person charged with a traffic violation where the officer at the time of the arrest was not…

2Cases cited5 opinions

  1. City of Dayton v. AdamsOhio Supreme Court · 1967
  2. City of Columbus v. StumpOhio Court of Appeals · 1974
  3. City of Columbus v. MurchisonOhio Court of Appeals · 1984
  4. Village of Brookville v. LouthanNew York County Court, Montgomery County · 1982
  5. State v. ThobeOhio Court of Appeals · 1961

3Cited by2 opinions

  1. City of Parma Heights v. NugentParma Municipal Court · 1998
  2. City of Cleveland v. MartinezCity of Cleveland Municipal Court · 2003

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