State v. Boehme

Citations

• 2017 Ohio 8246

Syllabus

The trial court did not err by denying Appellant's request for a Daubert hearing concerning reference to generalized research studies on which Appellee's child sexual assault expert, in part, based her expert opinions. Generalized reference to research consistent with the witness's own experience about child sexual assault victims could have been challenged during cross-examination of the expert or could have been challenged by testimony of the expert who had been engaged by the defense. The convictions are not against the manifest weight of the evidence. The jury reasonably believed the victim's testimony despite the fact that it appears to be inconsistent with prior statements made by the victim. Trial counsel was not ineffective for not moving to sever the rape charges from the charge of gross sexual imposition. The evidence of each offense is simple and direct, so severance was unlikely. And the evidence is such that even severed, Appellant likely would have been found guilty of all the offenses. Judgment affirmed.