State v. Herron

Citations

• 2019 Ohio 3292

Syllabus

The trial court erred when it precluded appellant from testifying to and introducing into evidence specific instances of the victim's past violent conduct toward him pursuant to Evid.R. 405(B) to show appellant's state of mind in support of his defense of self-defense. However, such error was harmless in light of the overwhelming evidence adduced by the State and the fact that appellant was allowed to testify that the victim had attacked him several times in the past, requiring the appellant to go the hospital to be treated. Appellant's convictions for felonious assault, murder, and tampering with evidence were supported by sufficient evidence and were not against the manifest weight of the evidence. Appellant's trial counsel was not ineffective for failing to call a defense expert during trial to dispute the testimony of the State's forensic expert. Judgment affirmed.