State v. Carswell

Citations

• 2023 Ohio 4574

Syllabus

Sulek. Expert testimony citing evidence of a third person's DNA in the victim's underwear, contradicting state expert testimony that there were only two, and expert testimony describing other possible means of innocent DNA transfer was evidence that (1) could not be determined by examining the record from trial, and (2) was sufficient to raise an issue as to whether Carswell was deprived of effective assistance of counsel. Trial court erred in rejecting Carswell's first cause of action without a hearing.