Legal Opinion · Dissent

State v. Gilmore

Ohio Supreme Court

Decided December 26, 1986No. 86-313Published

1DissentCelebrezze, C.J.

I certainly agree with the majority’s conclusion that the subject matter of the improperly excluded testimony (i.e., entrapment defense) was apparent from the context and nature of the questions posited by defense counsel during appellee’s direct examination. Cf. Price v. Daugherty (1982), 5 Ohio App. 3d 157; Bilikam v. Bilikam (1982), 2 Ohio App. 3d 300, 3041; United States v. Callahan (C.A. 6, 1977), 551 F. 2d 733.2 See, also, 1 Weissenberger, Ohio Evidence (1985), Section 103.2, However, I part company with this court’s conclusion that under Evid. R. 103(A) the exclusion of this crucial…

2Cases cited7 opinions

  1. State v. FergusonOhio Supreme Court · 1983
  2. State v. DoranOhio Supreme Court · 1983
  3. Bilikam v. BilikamOhio Court of Appeals · 1982
  4. United States v. Richard CallahanCourt of Appeals for the Sixth Circuit · 1977
  5. Elser v. ParkeOhio Supreme Court · 1943

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