Cleveland v. Johns

Citations

• 2024 Ohio 3301

Syllabus

Endangering children weight of the evidence witness credibility ineffective assistance of counsel. Judgment affirmed. The defendant's endangering conviction was not against the manifest weight of the evidence. It was not incredible that the jury believed the sole eyewitness's account of the incident. The eyewitness was a neutral person who had no incentive to fabricate the incident. The defendant has failed to demonstrate that trial counsel's performance was deficient or that the result of the trial would have been different had counsel obtained the defendant's medical records. Counsel questioned the witnesses about the defendant's alleged shoulder injury and argued to the jury, in part, that based on the alleged shoulder injury, the defendant could not have committed the act.