State v. Burnette

Dickinson, Presiding Judge.

The state has appealed from an order of the Summit County Common Pleas Court denying its request in limine to receive into evidence excited utterances and statements to a physician made by an alleged victim of rape and gross sexual imposition. The state has argued that (1) the trial court incorrectly determined that the alleged victim was not competent to testify, (2) the trial court incorrectly ruled that the alleged victim’s out-of-court excited utterances were inadmissible because she was “fundamentally incompetent,” and (3) the trial court incorrectly ruled that…