Legal Opinion

State v. Swann

Ohio Supreme Court

Decided October 1, 2008No. 2007-1046PublishedCited by 24 opinions

1Opinion of the CourtO’Donnell, J.

{¶ 1} The state appeals from a decision of the Franklin County Court of Appeals that reversed Christopher Swann’s felonious-assault conviction because the trial court had excluded the testimony of four witnesses who were prepared to testify at trial that another person, Delmar Carlisle, claimed to have committed the offense.

{¶ 2} The issue in this case is whether Evid.R. 804(B)(3), which requires a trial court to exclude an unavailable declarant’s statement against penal interest “unless corroborating circumstances clearly indicate the trustworthiness of the statement,” deprives a defendant…

2Cases cited17 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Chambers v. MississippiSupreme Court of the United States · 1973
  3. Washington v. TexasSupreme Court of the United States · 1967
  4. California v. TrombettaSupreme Court of the United States · 1984
  5. Crane v. KentuckySupreme Court of the United States · 1986

12 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. State v. Belton (Slip Opinion)Ohio Supreme Court · 2016
  2. State v. OrrOhio Court of Appeals · 2014
  3. State v. ClayOhio Court of Appeals · 2013
  4. State v. BrooksOhio Court of Appeals · 2012
  5. State v. WynnOhio Court of Appeals · 2014

19 more not listed; retrieve them via the Exa API.

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