State v. McCutchen

Citations

• 2023 Ohio 368

Syllabus

R.C. 2907.02(D) rape shield law R.C. 2907.02(E) evidentiary hearing Evid.R. 608 evidence of character and conduct ineffective assistance of counsel cumulative error. The trial court properly conducted an in camera proceeding to determine whether the victim's prior allegation of sexual activity involving another individual was prohibited by the rape shield law or was wholly unsubstantiated and admissible under Evid.R. 608. The defense bears the burden of demonstrating the accusations were totally false. Defense counsel's decision not to request a limiting instruction regarding appellant's prior conviction testimony was tactical and not in error where the trial court issued a general instruction on credibility. Appellant's argument that his constitutional rights were violated by the cumulative errors in this case fails where this court has found no errors were committed.