Tag Archives: state v. syx

OVI Law: The Officer Can Testify Even If He/She Was Incompetent

Officer, have you been drinkingImagine for a moment that you are stopped for suspicion of drunk driving.  The officer asks you out of the vehicle and begins to administer “standardized field sobriety tests.”  You start to notice that the officer is unsure of himself.  Maybe he/she give contradictory instructions or stops you and tells you to do it a different way.  As the tests proceed you begin to fear that the officer does not know how to properly administer the tests.  Surely, this will [Read the full post. . .]

State v. Syx, 2010-Ohio-5880

The inscription Equal Justice Under Law as see...

In State v. Syx, 2010-Ohio-5880, Judge Fain wrote for a unanimous 2nd District Court of Appeals holding that:

The Sixth Amendment Confrontation Clause provides that, “[I]n all criminal prosecutions, the accused shall enjoy the right *** to be confronted with the witnesses against him.”  The United States Supreme Court has held that the right to confrontation is violated when an out-of-court statement, which is testimonial in nature, is admitted into evidence without the defendant having had the opportunity to

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