Proving Prior Convictions (Evidence Rule 902)
Just how hard is it for the prosecution to prove prior convictions in OVI cases? The government has the burden of providing a foundation that the documents proving prior convictions should be relied upon. The Ohio Rules of Evidence, Evid. Rule 902, provides that extrinsic evidence of authenticity, as a condition precedent to admissibility, is not required under three (3) specific circumstances:Domestic Public Documents Under Seal: These can include documents from other states, districts or political subdivision. Domestic Public Documents Not Under Seal: These include documents without a seal, but bearing some attestation that the signatory had the authority to sign the...
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