State v. Howard

Citations

• 2020 Ohio 5072

Syllabus

APPELLATE REVIEW/CRIMINAL – RAPE – CRIM.R. 16(K) – EXPERT WITNESS – FELONIOUS ASSAULT: Where defendant contended that his convictions were based upon insufficient evidence, but did not present an insufficient-of-the-evidence argument on appeal with citation to legal authority or the record, he is deemed to have forfeited the error for purposes of appellate review. In a trial for oral and anal rape and felonious assault, the trial court erred in permitting the state's expert witness, the sexual assault nurse examiner, to offer opinions not disclosed to defense counsel pursuant to Crim. R. 16 (K), and the error was not harmless because the case hinged on a credibility determination between the victim and defendant and the expert's testimony bolstered the victim's credibility, defense counsel was precluded from properly preparing for trial, and defendant was acquitted of the anal rape count—the sole count on which the expert did not render any expert opinions.