State v. Benson

Citations

• 2019 Ohio 3255

Syllabus

EXPERT OPINION – CRIM.R. 16(K) – HARMLESS ERROR – COUNSEL – EVIDENCE/WITNESS/TRIAL – PROSECUTOR – SENTENCING : Where defendant was charged with murder, felonious assault, aggravated vehicular homicide and failure to stop after an accident, the trial court erred in allowing the police officer to testify as an expert witness where the state did not produce an expert witness report as required by Crim.R. 16(K) and where the officer testified as to the ultimate issue at trial—defendant's intent but because the remaining evidence was overwhelming, the error was harmless. [See CONCURRENCE: Where defendant failed to object to the expert testimony or to the absence of an expert report, plain-error analysis should be employed.] Where defendant did not take the stand, defense counsel was not ineffective for stating during jury selection that defendant would testify, because counsel's statement that defendant would \testify\ was substantiated by body-camera video of defendant and her police interviews. Defense counsel was not ineffective for failing to properly qualify an expert witness where the expert's opinion would have been excluded. There was no error in the admission of defendant's toxicology report where defendant admitted to taking a shot and smoking marijuana on the night of the incident and it was cumulative of other evidence. There was no error in the admission of social-media evidence, where it was necessary to give background information to set the case. Alleged prosecutorial misconduct did not constitute reversible error where the prosecutor properly commented on the state's evidence, the prosecutor's characterization of defendant did not affect the outcome of the trial and the prosecutor's discussion of defendant's potential sentences, even if improper, was corrected by the trial court's instructions. The consecutive sentences imposed were supported by proper R.C. 2929.14(C)(4) findings which were incorporated into the sentencing entry. The trial court erred in