Evidence Rule 104


Franklin County Criminal Law Casebook

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

Evidence Rule 104 -- Preliminary Questions
State v. Woodring (1989), 63 Ohio App. 3d 79 -- The rules of evidence do not apply with full force at a hearing on the preliminary question whether alcohol concentration test results will be admitted in an OMVI prosecution. While the rules may not impose a per se bar, the court is not required to admit all offered testimony. Also see United States v. Matlock (1974), 415 U.S. 164, 172.
Kitchens v. McKay (1987), 38 Ohio App. 3d 165 -- Before an expert witness may testify, a threshold determination must be made under Evidence Rule 104(A) whether he qualifies as an expert. On review, the standard is whether the trial court's determination as to qualification was an abuse of discretion.

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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.