State v. Gear

Citations

• 2023 Ohio 1246

Syllabus

NEW TRIAL CUMULATIVE ERROR INEFFECTIVE ASSISTANCE OF COUNSEL TAMPERING WITH EVIDENCE JURY POLL. A trial court does not abuse its discretion by denying a motion for a new trial that is not timely filed. The decision to call an expert witness to testify on behalf of the Defense is a matter of trial strategy. The crime of tampering with evidence contains three elements. A defendant must know that an official proceeding or investigation is in progress or likely to be instituted must alter, destroy, conceal, or remove a record, document, or thing and must do so with the purpose to impair its value or availability as evidence in such proceeding or investigation.