State v. Hall

Citations

• 2019 Ohio 2985

Syllabus

CRIM.R. 16(K) — EXPERT TESTIMONY – PROSECUTOR: In a trial for rape and gross sexual imposition, the trial court erred in permitting the investigating police detective to testify as an expert witness where the state failed to tender to defense counsel an expert report as required by Crim.R. 16(K), and defendant was prejudiced because defense counsel was precluded from properly preparing for trial, the error was amplified by the state's reliance on the expert testimony to bolster its theory of the case and the credibility of the prosecuting witnesses, and in closing argument the state vouched for the credibility of the prosecuting witnesses and used terms such as \wolf\ and \predator\ to describe defendant in an improper attempt to inflame the jury.