State v. Wright

764 N.E.2d 1035, 94 Ohio St. 3d 1504, 2002 Ohio LEXIS 693

Opinion

Washington App. No. 00CA39. On review of order certifying a conflict. The court determines that a conflict exists; the parties are to brief the issue stated in the court of appeals’ Entry on Application to Certify dated January 28, 2002:

“[W]e find that our decision and judgment presents an actual conflict based upon the same question' that was involved in the Twelfth District’s decision and judgment. In [State d.] Henderson [(1991), 76 Ohio App.3d 290, 601 N.E.2d 596], the court concluded that a victim’s uncorroborated allegations of sexual abuse did not fulfill the substantial proof requirement that the defendant committed other similar crimes. In [the case sub judice], we determined that a victim’s uncorroborated allegation of prior sexual abuse was admissible. Thus, we declined to follow Henderson.

“Accordingly, we grant appellant’s motion to certify this matter to the Ohio Supreme Court for review and final determination.”

Douglas and F.E. Sweeney, JJ., dissent.