State v. Combs

Citations

• 2020 Ohio 4084

Syllabus

Appellant's conviction for gross sexual imposition was supported by sufficient evidence and was not against the manifest weight of the evidence. Ineffective assistance of counsel is not demonstrated in defense counsel's withdrawal of his hearsay objection to the testimony of the victim's step-father about the victim's statements to him the victim's statements were admissible as excited utterances. Ineffective assistance of counsel also is not demonstrated in defense counsel's failure to voir dire or object to the testimony of the State's expert in child psychology and child sexual abuse her testimony was admissible under Evid. R. 702, and she did not offer a direct opinion as to the victim's truthfulness. Defense counsel cross-examined the victim's mother about the victim's global disability disorder, and his failure to call an expert on the issue did not establish ineffective assistance. Judgment affirmed.