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CAPPARA v. SCHIBLEY

No. 98-81.

85 Ohio St.3d 403 (1999)

CAPPARA, APPELLANT, v. SCHIBLEY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 12, 1999.

Attorney(s) appearing for the Case

Spangenberg, Shibley & Liber, L.L.P., Dennis R. Lansdowne and John R. Liber II, for appellant.

Williams, Sennett & Scully Co., L.P.A., James A. Sennett and Adam E. Carr, for appellees.

LUNDBERG STRATTON, J.

We are confronted in this case with the issue of whether a person's record of DUI convictions, subsequent in time to an earlier accident, is admissible to prove that person's state of mind, i.e., malice or conscious disregard for the rights and safety of other persons, at the time of the earlier accident. Because such evidence is not relevant and is highly prejudicial, we affirm the court of appeals. We hold that evidence of a subsequent...

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