State v. Harper

Introduction

{¶ 1} Appellant, Todd Harper, appeals his conviction for aggravated burglary, in violation of R.C. 2911.11(A)(1), a felony of the first degree, for which he was sentenced to serve three years in prison. Appellant's primary challenge is that the trial court erred in allowing hearsay statements by the victim to be offered into evidence. The Lucas County Court of Common Pleas court allowed the evidence under Evid.R. 804(B)(6), which allows hearsay to be admitted against a defendant when the declarant is unavailable and the declarant's unavailability is caused by the defendant's…