Legal Opinion · Dissent

State v. Morris (Slip Opinion)

Ohio Supreme Court

Decided November 20, 2014No. 2013-0251Published

1DissentKennedy, J.

{¶ 54} Respectfully, I dissent.

*414 Introduction

{¶ 55} I agree with the state insofar as I categorically reject the majority’s position that Ohio law is consistent in the test that is applied to determine whether improperly admitted other-acts evidence is harmless error. I further reject the majority’s attempt to disavow our precedent that distinguishes between constitutional and nonconstitutional harmless error while in effect adopting the constitutional, “beyond a reasonable doubt” harmless-error test as the second prong of its test for erroneously admitted other-act evidence. In my view, this…

2Cases cited27 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Kotteakos v. United StatesSupreme Court of the United States · 1946
  3. United States v. LaneSupreme Court of the United States · 1986
  4. United States v. SepulvedaCourt of Appeals for the First Circuit · 1993
  5. State v. LytleOhio Supreme Court · 1976

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