State v. Hopper

Citations

• 2024 Ohio 2635

Syllabus

Insufficient evidence manifest weight of the evidence ineffective assistance of trial counsel rape R.C. 2907.02 Evid.R. 806(6) business records Evid.R. 803(4) statements for the purposes of treatment and diagnosis lesser included offense preindictment delay. Appellant's rape conviction was supported by sufficient evidence and was not against the manifest weight of the evidence. Appellant was not prejudiced by preindictment delay because he was indicted via his DNA before the statute of limitations expired, and his claims that he had witnesses who could have challenged the victim's recitation of events were speculative. Appellant was not denied the effective assistance of trial counsel when his attorney did not request a jury instruction on the lesser included offense of sexual battery.