State v. Bunch

Citations

• 171 Ohio St. 3d 775
• 220 N.E.3d 773
• 2022 Ohio 4723

Syllabus

Criminal law—R.C. 2953.21—Postconviction-relief petitions—Evidentiary hearing—Ineffective assistance of counsel—Eyewitness-identification expert testimony—When core of a defendant's claim or defense turns on evidence that cannot be properly provided to jury without use of expert testimony, failure to engage experts can constitute deficient performance—Petitioner's affidavit from eyewitness-identification expert provided sufficient operative facts to warrant evidentiary hearing regarding petitioner's claim that he was prejudiced as a result of trial counsel's deficient performance—Court of appeals' judgment reversed and cause remanded to trial court for evidentiary hearing.