State v. Bock

The court of appeals found that the trial court’s failure to hold a competency hearing pursuant to R.C. 2945.37(A) necessitated the remand of this action for a new trial. We disagree. The appellate court below also held that the trial court’s instruction to the members of the jury that they could disregard the factual determination of whether the twelve-year-old male victim was the defendant’s spouse because “in this case, it’s not appropriate” was harmless error. We agree.

R.C. 2945.37(A) provides in pertinent part:

“In a criminal action in a court of common pleas or municipal court, the…