State v. Hawn6/30/2000
was visibly shaken, pale and trembled occasionally. He also testified that when his movers, who were working quickly due to the tense situation, would come around a corner and surprise Sue Jack, she would jump or scream.
Fran Kender, a friend and co-worker of Sue Jack, testified that on the evening Ms. Jack moved out of Hawn's residence, Kender went to Harrigan's Tavern with her cellular phone to keep an eye on Hawn, who was there. Kender intended to call Sue Jack if Hawn left the bar before the move was completed.
Lisa Tames, another of Sue Jack's co-workers, testified that on October 18, 1996, the morning after Sue Jack moved out of Hawn's residence, Sue Jack began crying hysterically during a conversation they were having about Mr. Hawn.
Violet Gump, one of Sue Jack's co-workers, testified that in April of 1997 she was at the Lincoln Park Grille with Sue Jack. When Ms. Jack saw Hawn sitting at the end of the bar, she became very, very frightened, her hands were shaking, and she told Gump that she wanted to leave.
Lieutenant Jeffrey Busch of the Montgomery County Sheriff's Office testified that on November 16, 1997, he responded to a domestic violence 911 call from Sue Jack. When he arrived at Hawn's residence, Sue Jack was upset and crying. Lt. Busch noted that Ms. Jack's face had a red area where she had possibly been struck.
Deputy Judy Sealey from the Montgomery County Sheriff's Office testified that she was dispatched to Hawn's residence on that same domestic violence call on November 16, 1997. Dep. Sealey testified that she spent a lot of time that night with Sue Jack, advising Ms. Jack about her situation. Dep. Sealey told Ms. Jack how to file for a temporary protection order, gave her pamphlets on domestic violence, available shelters, and a list of people to contact for help, and advised Ms. Jack to change her phone number.
Laura Jack, Sue Jack's sister, testified that on Thanksgiving Day 1997 Sue Jack had a black eye. On another occasion, Sue Jack showed Laura a bald spot on her head where, she said, Hawn had pulled a clump of hair from her head. Violet Gump also testified that after November 16, 1997, Sue Jack had a black eye and a large clump of hair pulled out of the back of her head.
Lisa Tames also testified that after November 16, 1997, Sue Jack came to work with a black eye and a patch of hair missing from her head. On January 30, 1998, Lisa Tames was at the Lincoln Park Grille with Sue Jack and others from work. When Sue Jack noticed that Hawn was also there, she became very nervous and anxious and left shortly thereafter.
The first, second, and third assignments of error each argue that the trial court abused its discretion when, over the Defendant's objections, the court admitted the testimony of these witnesses concerning Sue Jack's fear of Hawn. Hawn argues that the evidence these witnesses offered is not admissible hearsay per Evid.R. 803(3), under the "state of mind" exception rule against hearsay. Hawn also argues that the evidence is inadmissible because the matters which this hearsay evidence portrays are extrinsic to the criminal conduct alleged and not otherwise admissible per Evid.R. 404(B) as evidence of his other crimes, wrongs, or acts.
A trial court has broad discretion with respect to the admission or exclusion of evidence, and its decision in such matters will not be reversed on appeal unless the trial court has abused its discretion and material prejudice has resulted therefrom. State v. Hymore (1967), 9 Ohio St.2d 122. The term abuse of discretion connotes more than simply an error of law or an error in judgment. It implies an arbitrary, unreasonable, unconsc
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Ohio DUI Attorneys
DUI Lawyers
|