An accused is entitled to a fair trial even during a bench trial (11 16 12)

There is a presumption that a judge at a bench trial only considers relevant, admissible evidence. On the other hand, "the fact that a defendant forgoes a jury trial is hardly an excuse to give the state free rein to admit any and all evidence on the presumption that the trial court will separate the wheat from the chaff. Although an accused is not entitled to a perfect trial, he is entitled to a fair trial." The Second District Court of Appeals for Montgomery County reversed a conviction after a judge at a bench trial improperly allowed evidence of prior convictions over defense objections. State v. Hubbs, 2012-Ohio-5313.

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