I believe both of those were denied. I'll look again. I pulled these up this morning and I want to say a hearing in May addressed these two.
05/16/2022 | JOURNAL ENTRY -- This cause came on for oral argument on May 2, 2022, upon the following motions of the Defendant: DEFENDANT'S MOTION NO. 65: "DEFENDANT'S MOTION TO COMPEL PRODUCTION OF 'OTHER ACTS' EVIDENCE PURSUANT TO EVID.R. 404(B)." DEFENDANT'S MOTION NO. 77: "DEFENDANT'S RENEWED MOTION TO COMPEL THE PRODUCTION OF 'OTHER ACTS' EVIDENCE PURSUANT TO EVID.R. 404(B)." DEFENDANT'S MOTION NO. 78: "DEFENDANT'S MOTION FOR PROPOSED JURY INSTRUCTION." (Concerning testimony of an accomplice) DEFENDANT'S MOTION NO. 79: "DEFENDANT'S MOTION FOR PROPOSED JURY INSTRUCTION." (Concerning "immutable characteristics.") |
Having considered all arguments in support of and in opposition to Defendant's Motion No. 78, entitled "DEFENDANT'S MOTION FOR PROPOSED JURY INSTRUCTION," the Court finds that the jury instruction proposed by the Defendant adds the following paragraph to the instruction set forth in Section 2923.01(H) R.C.: "An accomplice may have special motives in testifying, and you should carefully examine an accomplice's testimony and use it with great caution and view it with grave suspicion." To the extent that the jury instruction requested and proposed in Defendant's Motion No. 78 tracts exactly the language of Section 2923.01(H), the Court finds that Defendant's Motion No. 78 is well taken and the same is hereby granted, provided that testimony of a person with whom the Defendant has allegedly conspired is introduced at trial and is supported by other evidence, thus justifying the proposed jury instruction set forth in Section 2923.01(H). To the extent that the jury instruction requested and proposed in Defendant's Motion No. 78 adds the above-quoted language to the instruction set forth in Section 2923.01(H) R.C., Defendant's Motion No. 78 is not well taken, and such motion is overruled and denied and the language added by the defense to the instruction shall not be given as part of the instruction. Having considered all arguments in support of, and in opposition to, Defendant's Motion No. 79, entitled "DEFENDANT'S MOTION FOR PROPOSED JURY INSTRUCTION," the Court finds that the basis of the decision in Buck v. Davis, 137 S. Ct. 759 (2017), is not shown to be applicable in the present action. The Court concludes that Defendant's Motion No. 79 is not well taken. It is therefore ORDERED that Defendant's Motion No. 79 is hereby overruled and denied. To the extent that other acts evidence is admitted at trial pursuant to Evid.R. 404(B), it is the intention of the Court to provide jury instructions consistent with applicable provisions of OJI and State v. Hartman, 161 Ohio St.3d 214, 2020-Ohio-4440. The Court may reconsider this ruling upon Defendant's Motion No. 79 at trial, if it appears that evidence as to "immutable characteristics" is introduced, rendering an instruction based upon Buck v. Davis appropriate and necessary.