{¶ 1} This matter is before the court upon remand from the Supreme Court of Ohio. State v. Swann, 119 Ohio St.3d 552, 2008-Ohio-4837. The purpose of the remand is for this court to determine whether the trial court abused its discretion by finding insufficient corroborating evidence to support the trustworthiness of a third-party's statements against penal interest. Evid. R. 804(B)(3). *Page 2
{¶ 2} For the reasons set forth in Judge Brown's concurrence,State v. Swann, 171 Ohio App.3d 304, 2007-Ohio-2010, at ¶ 35, and for the reasons set forth in Justice Stratton's concurrence, State v.Swann, 119 Ohio St.3d 552, 2008-Ohio-4837, at ¶ 34-43, we hold that the trial court abused its discretion in concluding that the evidence proffered by Christopher Swann was insufficient to confirm the trustworthiness of the third-party's confession.
{¶ 3} Accordingly, we sustain Swann's first assignment of error. We vacate the judgment of the Franklin County Court of Common Pleas and remand the case for retrial in accordance with this opinion.