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STATE v. SAID

No. 93-1085.

71 Ohio St.3d 473 (1994)

THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. SAID, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided December 30, 1994.

Attorney(s) appearing for the Case

Steven C. LaTourette, Lake County Prosecuting Attorney, Michael D. Murray and Ariana E. Tarighati Assistant Prosecuting Attorneys, for appellant and cross-appellee.

Paul H. Hentemann, for appellee and cross-appellant.

David H. Bodiker, State Public Defender, Randy D. Ashburn and John B. Heasley, Assistant Public Defenders; and Cynthia S. Sander, urging affirmance for amicus curiae, Office of Ohio Public Defender.

WRIGHT, J.

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<...

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