State v. Ferricci
Citations
- 2022 Ohio 1393
Syllabus
Retrial prejudice testimony irrelevant expert retain closing arguments credibility. - The state committed prejudicial error during retrial by improperly eliciting testimony from its expert witness that the witness had originally been retained by the defense in the first trial. The state's exploitation of that fact at its closing argument resulted in substantial prejudice to appellant under the circumstances, where there was no corroborating physical evidence or eyewitnesses and the question of appellant's guilt hinged entirely on the credibility of the child's initial disclosure.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- \most common problem accompanying a request for a change of counsel is the need for a continuance of the trial\
- reversal not required where defendant gave reasons posttrial and appellate court determined there was insufficient cause to remove counsel
- implied waiver of counsel is not automatic consequence of defendant's insistence on discharge of attorney; warning of such consequence is required
- although judge failed to provide defendant adequate opportunity to explain his reason ing, no abuse of discretion where there was lack of sufficient facts warranting new counsel
- identifying requirements for effective waiver
Source: CourtListener parenthetical corpus (CC0).
Judges: Keough
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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