State v. Kelley

Citations

• 233 N.E.3d 1219
• 2024 Ohio 157

Syllabus

Gross sexual imposition rape mental health records amendment to indictment Crim.R. 29 manifest weight of the evidence ineffective assistance of counsel leading questions sexually violent predator specifications postrelease control. The trial court did not abuse its discretion by denying the defendant's motion to compel the victim's privileged mental health records. The state did not have the records in its possession, the treatment was sought because of the victim's suicidal ideation and not because of the sexual assaults, and the defendant failed to make a showing that they contained any material or exculpatory evidence. The evidence was sufficient to support the gross sexual imposition and rape convictions. Further, the weight of the evidence supported the convictions. Trial counsel was not ineffective for failing to object to the state's use of leading questions with the child victims. It is well established that trial courts have discretion in allowing leading questions with children who are victims of sexual offenses. The trial court did not abuse its discretion by allowing the state to amend the indictment. The amendments did not change the name or the identity of the offenses. The defendant's failure to object to the trial court's judgment on the sexually violent predator specifications constitutes a waiver of the issue on appeal. Nonetheless, the specifications were supported by sufficient evidence as based on the trial testimony.