State v. Blake
Ohio Court of Appeals
974 N.E.2d 730 (2012)
- Written by Darius Dehghan, JD
Facts
Anthony Dion Blake (defendant) was charged with murder. At the trial, the state (plaintiff) introduced Exhibit 40. The state claimed that Exhibit 40 was a record of text messages sent from and received by Blake’s cellular-telephone number. Exhibit 40 was offered by the state to prove the truth of what was written in the out-of-court messages. Blake’s cellular-telephone provider was Cincinnati Bell. Paula Papke, the custodian of records at Cincinnati Bell, testified at the trial. Papke confirmed that Exhibit 40 was a record of text messages sent from and received by Blake’s cellular-telephone number. Papke also testified that text messages were stored on Cincinnati Bell’s network in the regular course of business. The trial-court judge admitted Exhibit 40. Subsequently, the jury convicted Blake. Blake appealed.
Rule of Law
Issue
Holding and Reasoning (Ringland, J.)
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