State v. C.D.S.

Citations

• 2021 Ohio 4492

Syllabus

The trial court did not abuse its discretion or commit plain error, depending on whether the particular evidence discussed in the decision was preserved on appeal, in the admission of other acts or hearsay evidence. The trial court did not abuse its discretion in precluding appellant from asking the victim of purported claims of prior false allegations as appellant failed to demonstrate an adequate basis for the argument. The trial court did not err in allowing testimony of alleged vouching for the victim by the treating physician as the record indicates the physician's testimony did not constitute improper vouching. The trial court did not abuse its discretion in instructing the jury that a witness was provided information about other witnesses' testimony during the trial as the trial court reasonably concluded there was a violation of the separation order under Evid.R. 615. The trial court did not err in excluding records from Franklin County Children Services and National Youth Advocate Program. The trial court did not err in failing to inquire into appellant's request to represent himself at trial as the record indicates that appellant never properly invoked the right to self-representation. Claim of ineffective assistance of trial counsel was not meritorious because appellant failed to meet his burden of showing prejudice pursuant to Strickland v. Washington, 466 U.S. 668 (1984). The jury verdicts convicting appellant of rape and kidnapping were supported by sufficient evidence and were not against the manifest weight of the evidence. Judgment affirmed.