State v. Black

Citations

• 2019 Ohio 4977

Syllabus

Rape hearsay Evid.R. 801(D)(1) prior consistent statements plain error ineffective assistance of counsel manifest weight. Evidence of the victim's prior consistent statements was properly admitted under Evid.R. 801(D)(1)(b) where the statements were offered to rebut a charge of improper motive and were made prior to the motivation to fabricate. Additionally, medical records containing a purported hearsay statement by the victim that her stepfather raped her did not constitute plain error where the victim testified that her stepfather raped her and the appellant did not demonstrate that the alleged hearsay statement altered the outcome of the trial. The failure of trial counsel to object to the victim's prior consistent statements did not constitute ineffective assistance of counsel. Appellant's conviction for rape and kidnapping is not against the manifest weight of the evidence where the victim testified that her stepfather raped her and her testimony is supported by the testimony of other witnesses.