State v. Ford

Citations

• 2018 Ohio 3563

Syllabus

Rape kidnapping defense witness ineffective assistance of counsel mistrial prejudicial testimony Evid.R. 806 Evid.R. 609 Crawford violation Sixth Amendment Evid.R. 803(4) sufficiency of the evidence manifest weight of the evidence. Judgment affirmed. Defendant's rape and kidnapping convictions affirmed where the state presented sufficient evidence and the evidence is not against the manifest weight of the evidence. Defense counsel was not ineffective by calling Dr. Layton as a defense witness because the defendant was provided with the opportunity he requested — testimony that would assist with his defense. A reviewing court may not second guess decisions of counsel that can be considered matters of trial strategy. The trial court did not abuse its discretion when it denied defendant's motion for a mistrial because defendant essentially testified without taking the stand and could be impeached under Evid.R. 806 and 609. Victim's statements to medical professional that medical professional testified to at trial are admissible under Evid.R. 803(4) and do not violate the confrontation clause.