STATE v. SMITH

No. 2018-1831.

165 N.E.3d 1123 (2020)

162 Ohio St.3d 353

2020-Ohio-4441

The STATE of Ohio, Appellee, v. SMITH, Appellant.

Supreme Court of Ohio.

Decided September 22, 2020.


Attorney(s) appearing for the Case

Joseph T. Deters , Hamilton County Prosecuting Attorney, and Scott M. Heenan , Assistant Prosecuting Attorney, for appellee.

Raymond T. Faller , Hamilton County Public Defender, and Krista M. Gieske , Assistant Public Defender, for appellant.

Dave Yost , Attorney General, Benjamin M. Flowers , Solicitor General, and Samuel C. Peterson , Deputy Solicitor General, urging affirmance for amicus curiae Ohio Attorney General.

Timothy Young , Ohio Public Defender, and Katherine R. Ross-Kinzie , Assistant Public Defender, urging reversal for amicus curiae Office of the Ohio Public Defender.


{¶ 1} Michael Smith was charged with sexually abusing his granddaughter. At his trial, the state sought to introduce "other acts" evidence that he had molested his daughter under similar circumstances decades earlier—allegations that Smith had been put on trial but ultimately acquitted of. The trial court allowed...

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