Ohio Supreme Court, 1979

State v. Levert

Ohio Supreme Court · Decided May 23, 1979 · Brown, Celkbrezze, Herbert, Holmes, Looker, Sweeney

58 Ohio St. 2d 213; 389 N.E.2d 848; 12 Ohio Op. 3d 204; 1979 Ohio LEXIS 417

Cases that cite this one

12 later published cases cite this decision.

Gilbert Leal v. Terry Morris (6th Cir. 1988)
State v. Kennedy (Ohio Ct. App. 2018)
State v. Sharma (Summit County Court of Common Pleas 2007)
State v. Turnage, Unpublished Decision (4-18-2002) (Ohio Ct. App. 2002)
State v. Garcia, Unpublished Decision (8-15-2002) (Ohio Ct. App. 2002)
State v. Jackson (Ohio 1991)
State v. Jamison (Ohio 1990)
State v. Whitmeyer (Ohio Ct. App. 1984)
State ex rel. Leis v. Kraft (Ohio 1984)
Kennedy v. Warden Ohio Reformatory for Women (District Court, S.D. Ohio 2021)
State v. Fulton, Unpublished Decision (10-13-2003) (Ohio Ct. App. 2003)
State v. Diblasio, Unpublished Decision (4-22-2002) (Ohio Ct. App. 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

Appellant avers that the compulsory process clause of Section 10 of Article I of the Constitution of Ohio guarantees him the right to have the jury hear the results of his polygraph examination. In essence, we are urged to extend the holding in State v. Souel (1978), 53 Ohio St. 2d 123, 372 N. E. 2d 1318, wherein the prerequisites for the admissibility of polygraph evidence are set forth. We are unconvinced that a departure from the safeguards enumerated in Souel is required or would be wise at this time.

Appellant contends further, without citing supporting authority, that the exclusion of his polygraph expert’s testimony at trial violated the compulsory process clause of the Sixth Amendment to the United States Constitution. However, our research discloses no authority from which a violation of appellant’s Sixth Amendment rights, under the instant circumstances, can or should be found. Cf. Washington v. Texas (1967), 388 U. S. 14.

Appellant argues also that the trial court committed prejudicial error in allowing the hearsay testimony of Kam-insky. We agree with the Court of Appeals that this testimony was. erroneously admitted. See State v. Davis (1967), 10 Ohio St. 2d 136, 226 N. E. 2d 736; Jones v. State (1946), 184 Tenn. 128, 196 S. W. 2d 491.* However, upon a *216review of the entire record of the cause-, the error is clearly harmless beyond a reasonable doubt. See Schneble v. Florida (1972), 405 U. S. 427; Chapman v. California (1967), 386 U. S. 38; State v. Bayless (1976), 48 Ohio St. 2d 73, 357 N. E. 2d 1035 (paragraph seven of the syllabus).

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

CeLKBREZZE, C. J., HERBERT, W. BROWN, P. BrOWN, Sweeney, Looker and Holmes, JJ., concur.

See, also, 4 Wig-more on Evidence 125 (Chadbourn Rev.), Section 1072; Notes, Tacit Criminal Admissions, 112 U. Pa. L. Rev. 210, 244-245.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.