McCrory v. State

We conclude that with Dr. Buchanan’s testimony the judgment below was soundly based upon the evidence, but that Dr. Buchanan’s testimony was crucial to the validity of the judgment since the trial court clearly relied on it heavily in making its decision.

The issue for resolution, therefore, is whether the trial court erred in allowing Dr. Buchanan to testify over appellants’ objection that Dr. Buchanan was incompetent to testify because he did not devote three-fourths of his professional time to the active clinical practice of medicine as required by R. C. 2743.43.

R. C. 2743.431 provides, in…