State v. Berning

Summary

The Sixth District Court of Appeals of Ohio affirmed Matthew Berning’s convictions for strangulation and domestic violence. The court held that the trial court did not abuse its discretion by admitting an open-line 911 recording because the surrounding evidence reasonably authenticated the recording and connected the caller to the victim.

Holdings

1. The trial court did not abuse its discretion in admitting the 911 recording because the evidence was sufficient to support a reasonable conclusion that C.R. was the caller, even though she did not identify herself on the recording and no witness directly identified her voice.

Questions Presented

1. Whether the trial court abused its discretion by admitting the open-line 911 recording when the caller did not identify herself and no witness directly identified the caller's voice.

Disposition

affirmed