Opinion
No. 2006-1488.
October 4, 2006.
Hancock App. No. 5-05-08, 2006-Ohio-2506.
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 2 of the court of appeals' Journal Entry filed July 12, 2006:
"Must a child victim's statements, made for purposes of medical diagnoses and treatment (Evid.R. 804(4)), be excluded from admission at trial, pursuant to State v. Said (1994), 71 Ohio St.3d 473, where there has been no prior determination by the trial court that the child was competent at the time the statement was made?"
LANZINGER, J., not participating.
The conflict cases are State v. Edinger, Franklin App. No. 05AP-31, 2006-Ohio-1527, State v. Rice, Cuyahoga App. No. 82547, 2005-Ohio-3393, State v. Brewer, Erie App. No. E-01-053, 2003-Ohio-3423, and State v. Ashford (Feb. 16, 2001), Trumbull App. No. 99-T-0015.
Sua sponte, cause consolidated with 2006-1293, State v. Muttart, Hancock App. No. 5-05-08, 2006-Ohio-2506.