Evidence Rule 101


Franklin County Criminal Law Casebook

Reproduced with permission from:
Timothy E. Pierce and the Franklin County Public Defender Office

Evidence Rule 101 -- Scope of Rules; Applicability; Privileges; Exceptions
R.C. 2945.41 -- "The rules of evidence in civil causes, where applicable, govern in all criminal causes."
State v. Tims (1967), 9 Ohio St. 2d 136, 137 -- The rules of evidence cannot govern if they infringe upon the constitutional rights of the accused. Also see State v. Chapin (1981), 67 Ohio St. 2d 437, 445 fn. 5; State v. Spikes (1981), 67 Ohio St. 2d 405.
State v. Muenick (1985), 26 Ohio App. 3d 3 -- The Ohio Rules of Evidence do not apply at proceedings before the grand jury, except as to privilege.
State v. Woodring (1989), 63 Ohio App. 3d 79 -- Judge may consider admitting hearsay evidence at hearing on pretrial motion.
State v. Cook (1998), 83 Ohio St. 3d 404, 425 -- "Evid. R. 101(C) excepts application of the Rules of Evidence, including the hearsay rule, from certain proceedings, such as miscellaneous criminal proceedings...A sexual predator determination hearing is similar to sentencing or probation hearings where it is well settled the Rules of Evidence do not strictly apply...Thus, reliable hearsay, such as a presentence investigation report, may be relied upon by the trial judge."

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Published by Timothy E. Pierce
Copyright © Franklin County Public Defender and Timothy E. Pierce, 2015
Contents may not be duplicated without express permission.