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Evidence keyed to Fisher
Ohio v. Clark
Citation:135 S.Ct. 2173 (2015)
Clark (defendant) was indicted on five counts of felonious assault and two counts of child endangerment and domestic violence. Clark’s partner’s two children L.P. and A.T. sustained injuries while under Clark’s care. L.P.’s preschool teachers asked L.P. about blood in his eye and red marks on his face, he mentioned “Dee,” which was Clark’s nickname. L.P.’s teachers called the state-run hotline for reporting suspected child abuse, as required by Ohio’s mandatory reporting law. The next day, a social worker took L.P. and A.T. to the hospital. When questioned by the social workers, a police detective, and their grandmother and great aunt, L.P. told them Clark caused their injuries.
The trial court held that L.P. was incompetent to testify, but it allowed L.P.’s out-of-court statements implicating Clark to be admitted pursuant to Ohio Rule of Evidence 807(A).
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