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STATE v. SHEDRICK

No. 90-405.

59 Ohio St. 3d 146 (1991)

THE STATE OF OHIO, APPELLEE, v. SHEDRICK, APPELLANT.

Supreme Court of Ohio.

Decided May 8, 1991.

Motion for Rehearing Pending May 15, 1991.

Attorney(s) appearing for the Case

Lynn C. Slaby, prosecuting attorney, and Philip D. Bogdanoff, for appellee.

Saundra J. Robinson and Stanley E. Tolliver, Sr., for appellant.

H. BROWN, J.

This case requires us to resolve two issues: (1) what constitutes "evidence given in court" for purposes of the exclusion under R.C. 2151.358(H); (2) whether the testimony describing the prior rape constitutes "other act" evidence to identify the perpetrator under Evid. R. 404(B) and R.C. 2945.59.

I

Evidence Given in a Juvenile Proceeding

We turn first to the question of what constitutes evidence given in court for purposes of...

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