State v. Edinger

In State v. Edinger, Franklin App. No. 05AP-31, 2006 Ohio 1527, the Court noted that Storch examined the admission of statements under Evid.R. 807. Edinger at P83-84. The Court recognized that the Supreme Court of Ohio's statement about the need for a pre-trial hearing on a child's ability to provide live testimony paralleled Evid.R. 807's "contemplation that a pretrial hearing will be conducted, at which time the ability of the child to testify should be addressed." Edinger at P83. The Court refused to extend Storch to cases, like this one, where out-of-court statements were properly admitted under Evid.R. 803(4). Edinger at P83-84.