State v. Bendolph

Citations

• 2018 Ohio 1729
• 111 N.E.3d 872

Syllabus

Both parties were surprised at trial by the testimony of an expert witness called by the defense, which revealed serology findings (the presence of semen on the victim) that had not previously been disclosed to either party. On this record and under the circumstances presented, defense counsel was not ineffective in calling the expert witness. Moreover, defendant's due process rights were not violated, because the defendant had not set forth a defense that conflicted with the expert's testimony and because the trial court instructed the jury to disregard the undisclosed evidence. Judgment affirmed.