State v. Jones

Citations

• 2018 Ohio 673
• 106 N.E.3d 353

Syllabus

The trial court did not err in denying the appellant's petition for post- conviction relief after an evidentiary hearing. The trial court did not abuse its discretion in finding no resulting prejudice. Although defense counsel did not retain an expert witness to rebut the prosecution's medical experts, who opined that the four-year-old victim's brain injury while in the appellant's care was a non- accidental injury, the expert opinions presented in post-conviction proceedings do not create a reasonable probability of a different result and it was therefore not unreasonable for the trial court to deny post-conviction relief. Appellant's post-conviction evidence is not sufficient to undermine confidence in the outcome of his trial. Judgment affirmed. (Froelich, J., dissenting.)