State v. Said

The parties and the court of appeals have focused on whether the facts of this case satisfy the particular requirements of Evid.R. 807. We do not reach those issues, because two fundamental errors preclude a proper review of the application of that rule in this case.

I

The trial court erred when it failed to record the competency hearing of the five-year-old granddaughter. Crim.R. 22 clearly provides: “In serious offense cases all proceedings shall be recorded.” (Emphasis added.) Although “proceeding” is not defined under Crim.R. 22, it is generally defined as “[a]ll the steps or measures…