State v. Hemming

Citations

• 2021 Ohio 971

Syllabus

Appellant's conviction for sexual imposition was not against the manifest weight of the evidence. The trial court did not err in sustaining the State's objection to defense counsel's question regarding the complainant's mental health condition. Alleged statements by complainant that she suggested attending a swinger's club with appellant, his fiancée, and complainant's boyfriend were not admissible under Evid.R. 801(D)(1). The prosecutor should not have elicited testimony from a detective that appellant invoked his right to counsel after his arrest, but that error was harmless. The prosecutor did not engage in misconduct by asking leading questions or using a visual aid during closing argument. No ineffective assistance of counsel is demonstrated. Judgment affirmed.