{¶ 4} For the reasons stated in my separate opinion when this case was initially before us, I do not believe the trial court abused its discretion in finding that there was insufficient corroborating evidence supporting Delmar Carlisle's alleged confession. See State v.Swann, 171 Ohio App.3d 304, 2007-Ohio-2010, 870 N.E.2d 754, at ¶ 44-49 (Sadler, J., concurring in part and dissenting in part). According, I respectfully dissent. *Page 1

OPINION

{¶ 2} For the reasons set forth in Judge Brown's concurrence,State v. Swann, 171 Ohio App.3d 304, 2007-Ohio-2010, at ¶ 35, and for the reasons set forth in Justice Stratton's concurrence, State v.Swann, 119 Ohio St.3d 552, 2008-Ohio-4837, at ¶ 34-43, we hold that the trial court abused its discretion in concluding that the evidence proffered by Christopher Swann was insufficient to confirm the trustworthiness of the third-party's confession.

{¶ 3} Accordingly, we sustain Swann's first assignment of error. We vacate the judgment of the Franklin County Court of Common Pleas and remand the case for retrial in accordance with this opinion.

Judgment vacated and cause remanded for retrial.

BROWN, J., concurs. SADLER, J., dissents.