THE STATE OF OHIO, APPELLANT,
v.
SILVERMAN, APPELLEE.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted February 3, 2009.
Decided April 9, 2009.
Attorney(s) appearing for the Case
Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and R. Lynn Nothstine and Carley J. Ingram, Assistant Prosecuting Attorneys, for appellant.
Michael T. Columbus and Frank Malocu, for appellee.
Timothy Young, Ohio Public Defender, and Stephen P. Hardwick, Assistant Public Defender, urging affirmance for amicus curiae, Ohio Public Defender.
Supreme Court of Ohio.
O'CONNOR, J.
{¶ 1} Today we determine whether the statements of a child whose testimony is not reasonably obtainable are admissible when the trial court has not determined the child's competence. For the reasons that follow, we hold that the question of the admissibility of the statements under Evid.R. 807 does not require a prior determination...
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