STATE v. CLARK

No. 2012-0215.

137 Ohio St.3d 346 (2013)

2013-Ohio-4731

THE STATE OF OHIO, Appellant, v. CLARK, Appellee.

Supreme Court of Ohio.

Decided October 30, 2013.


Attorney(s) appearing for the Case

Timothy J. McGinty , Cuyahoga County Prosecuting Attorney, and Mark J. Mahoney , Assistant Prosecuting Attorney, for appellant.

Robert L. Tobik , Cuyahoga County Public Defender, and John T. Martin and Erika B. Cunliffe , Assistant Public Defenders, for appellee.

Michael DeWine , Attorney General, and Alexandra T. Schimmer , Solicitor General, and Samuel Peterson , Assistant Attorney General, for amicus curiae Ohio Attorney General, in support of appellant.

Timothy Young , Ohio Public Defender, and Jeremy J. Masters , Assistant Public Defender, for amicus curiae Ohio Public Defender, in support of appellee.


O'DONNELL, J.

{¶ 1} The issue in this case is whether the trial court violated Darius Clark's constitutional right to confront the witnesses against him when it admitted a hearsay statement that three-and-a-half-year-old L.P. made to his preschool teacher, Debra Jones, in response to questions asked about injuries to his eye and marks on his face observed upon his arrival at a preschool day care.

{¶ 2} In Davis v. Washington...

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