State v. Butcher

{¶ 84} As an initial matter, I agree with the majority that the admission of Mary Beth Askew’s identification testimony of appellant as the perpetrator was hearsay not subject to a recognized exception and therefore, should not have been admitted. However, I do not agree, in the context of the remaining evidence and testimony, that the admission of this statement constituted prejudicial error requiring reversal of appellant’s convictions. Accordingly, I respectfully dissent.

{¶ 85} A decision to admit or exclude testimony is a matter within the sound discretion of the trial court and will not…