State of Ohio, Plaintiff-Appellant,
v.
Kathleen Steele and Anthony Pratt, Defendants-Appellees.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.https://leagle.com/images/logo.png
RELEASED: September 10, 2009.
RELEASED: September 10, 2009.
Attorney(s) appearing for the Case
William D. Mason, Cuyahoga County Prosecutor, By: Mary McGrath, Carol M. Skutnik, Assistant County Prosecutors, The Justice Center, 1200 Ontario Street, 8th Floor, Cleveland, OH 44113, Attorneys for Appellant.
Brett M. Mancino, 1360 East Ninth Street, 1000 IMG Center, Cleveland, OH 44114, Henry J. Hilow, Kevin M. Spellacy, McGinty, Hilow & Spellacy Co., LPA, 614 W. Superior Avenue, Suite 1300, Cleveland, OH 44113, Attorneys for Appellee Kathleen Steele.
Robert L. Tobik, Cuyahoga County Public Defender, By: Erika B. Cunliffe, Assistant Public Defender, 310 Lakeside Avenue, Suite 200, Cleveland, OH 44113, John H. Carlin, 46 Pond Drive, Rocky River, OH 44116, Attorneys for Appellee Anthony Pratt.
Before: Stewart, J., Gallagher, P.J., and Rocco, J.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.
JOURNAL ENTRY AND OPINION
MELODY J. STEWART, J.:
{¶ 1} The state of Ohio appeals from a ruling in limine that found various statements it wished to offer into evidence against defendants-appellees, Kathleen Steele and Anthony Pratt, were testimonial in nature and barred by the Confrontation Clause of the Sixth Amendment to the United States Constitution. We conclude that the court erred by finding two of the statements to be testimonial...
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