State v. Butler

I respectfully dissent because I believe that the trial court erred in admitting Sheriff Hamman’s testimony because he was incompetent to testify pursuant to Evid.R. 601(C) and R.C. 4549.14 and 4549.16.

Evid.R. 601(C) provides:

“Every person is competent to be a witness except:

a * * *

“(C) An officer, while on duty for the exclusive or main purpose of enforcing traffic laws, arresting or assisting in the arrest of a person charged with a traffic violation punishable as a misdemeanor where the officer at the time of the arrest was not using a properly marked motor vehicle as defined by statute or…