STATE v. KECK

No. 2011-0686.

137 Ohio St.3d 550 (2013)

2013-Ohio-5160

1 N.E.3d 403

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

Supreme Court of Ohio.

Decided November 27, 2013.


Attorney(s) appearing for the Case

James E. Schneider , Washington County Prosecuting Attorney, and Alison L. Cauthorn and Kevin A. Rings , Assistant Prosecuting Attorneys, for appellee.

Rittgers & Rittgers, Charles H. Rittgers , and Nicholas D. Graman , for appellant.

Michael DeWine , Attorney General, and Michael J. Hendershot , Chief Deputy Solicitor, for amicus curiae, Ohio Attorney General.

O'DONNELL and O'NEILL, JJ., concur in judgment only.


LANZINGER, J.

{¶ 1} In this case, we are asked to decide whether a defendant's right to confrontation precludes the state from introducing data within a report of a nontestifying forensic analyst through the in-court testimony of a second analyst who did not perform or observe the laboratory tests that resulted in the data. We hold in this case that because the defendant stipulated to the admissibility and content of the nontestifying analyst's report, the testimony...

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