State v. Hutton

The state advances seven propositions of law in support of its appeal. Hutton, cross-appealing certain aspects of the court of appeals’ decision, asserts seven propositions of his own. For the reasons that follow, we reverse the judgment of the court of appeals and remand to that court for further proceedings.

I

The court of appeals held that Eileen Sweeney’s testimony that Hutton raped her ,was inadmissible under R.C. 2945.59, the substantial equivalent, in relevant part, of Evid. R. 404(B). In its first proposition of law, the state contends that this holding was erroneous.

First, the state…