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State v. Small

Court of Appeals of Ohio

2007 Ohio 6771

Relevant factsFree

Dean Small (defendant) was charged with murdering Robel Medhin, who owed Small money. On the night of the murder, Medhin called a number and told the person he did not have the money; after the murder, Medhin's friend called that same number back and reached a man with a Jamaican accent who called himself "Dominique" and discussed repaying Medhin's debt. Small's wife testified Small was often called Dominique. The prosecution introduced this call as evidence identifying Small, and Small was convicted of murder and appealed.

IssueFree

Whether a statement by a person on the other end of a phone call may be authenticated as coming from a particular person when the caller says things that, under the circumstances, only that person would say.

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