State v. Marshall

Citations

• 2022 Ohio 2666

Syllabus

App.R. 26(B) application for reopening ineffective assistance of appellate counsel evidence of prior incarceration failure to object trial strategy overwhelming evidence of guilt Evid.R. 701 Evid.R. 702 expert witness lay witness delayed disclosure demeanor hearsay Evid.R. 801 prior statement recent fabrication prosecutorial misconduct misstating evidence statement not supported by evidence. An application for reopening was denied where the claims asserted that appellate counsel was ineffective for not arguing that trial counsel was ineffective for failing to object to testimony of prior incarceration of the defendant, that improper hearsay statements were admitted, that a witness was allowed to offer expert testimony when the witness was only allowed to testify as a lay witness, and that the prosecutor committed misconduct in closing arguments did not present colorable claims of ineffective assistance.