STATE v. BURNETTE

No. 18347.

125 Ohio App.3d 278 (1998)

The STATE of Ohio, v. BURNETTE, Appellee.

Court of Appeals of Ohio, Ninth District, Summit County.

Decided January 14, 1998.


Attorney(s) appearing for the Case

Maureen O'Connor, Summit County Prosecuting Attorney, and Philip D. Bogolanoff, Assistant Prosecuting Attorney, for appellant.

Donald J. Malarcik, Jr., for appellee.


DICKINSON, Presiding Judge.

The state has appealed from an order of the Summit County Common Pleas Court denying its request in limine to receive into evidence excited utterances and statements to a physician made by an alleged victim of rape and gross sexual imposition. The state has argued that (1) the trial court incorrectly determined that the alleged victim was not competent to testify, (2) the trial court...

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