State v. Cheatham

Citations

• 2025 Ohio 2584

Syllabus

CRIMINAL-INDICTMENT-INEFFECTIVE ASSISTANCE - While an indictment charging sexual offenses against children need not state with specificity the dates of the alleged abuse as long as the prosecution establishes that the offense occurred during the time frame alleged, and where count alleged that conduct occurred between January 1, 2014 and December 31, 2014; victim testified that the first sexual contact occurred when she was nine years old; and victim did not become nine years old until May 15, 2014, there was no evidence beyond a reasonable doubt to establish that conduct occurred within a reasonable proximity to victim's birthday; decision to call or forego calling witnesses is a tactical decision and deficient performance of trial counsel for purported failure to investigate additional witnesses, where record is silent as to the substance of the suggested testimony and how said testimony would have changed outcome of the proceeding, will not be inferred; where defendant refused a plea offer and proceeded to trial, repeatedly denied all allegations of sexual contact and sexual conduct, and attempted to discredit the victims, requesting jury instructions on the lesser included offense of gross sexual imposition on three counts of rape would have undercut defendant's protestations of innocence, thus, trial counsel was not deficient for failing to request the lesser included instruction.