State v. Morris (Slip Opinion)
Ohio Supreme Court
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
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- United States v. LaneSupreme Court of the United States · 1986
- United States v. SepulvedaCourt of Appeals for the First Circuit · 1993
- State v. LytleOhio Supreme Court · 1976
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