State v. Harris

Citations

• 227 N.E.3d 510
• 2023 Ohio 3994

Syllabus

AGGRAVATED BURGLARY – SUFFICIENCY – WEIGHT – FORENSIC NURSE REPORT – CRIM.R. 16(K) – COUNSEL – REAGAN TOKES LAW: Defendant's aggravated burglary conviction was supported by sufficient evidence and was not against the manifest weight of the evidence where defendant's girlfriend and girlfriend's friend both testified he trespassed in the home of girlfriend's friend by kicking in the front door and assaulting girlfriend while inside. Even if the trial court erred in allowing the forensic nurse to read inadmissible hearsay statements from her forensic medical report and in admitting a redacted version of that report as evidence, defendant did not suffer material prejudice from either because the challenged statements contained in the forensic report pertained to the felonious assault and kidnapping offenses—of which defendant was acquitted—and, even without that report, there was overwhelming evidence of his guilt as to the aggravated burglary offense. Although the state did not provide the defense with forensic nurse's CV until the first day of trial, the trial court did not abuse its discretion in modifying Crim.R. 16(K)'s requirement that expert reports and a summary of qualifications be provided 21 days before trial, for good cause shown, because defense counsel received forensic nurse's expert report months before trial, did not alert the state about the missing CV until the day of trial, and received the CV at least one day before the forensic nurse testified. Additionally, nothing in record suggests state withheld the CV in bad faith, defendant declined to avail himself of the trial court's proposed remedy of a brief (24-hour) or extended (22-day) trial continuance, and forensic nurse's testimony had minimal relevance to the state's proof of the aggravated burglary offense. Defendant also failed to establish he received ineffective assistance of counsel. Based on State v. Hacker, ____ Ohio St.3d ____, 2023-Ohio-2535, it was plain error for the trial court to sent