State v. McHenry

Citations

• 2018 Ohio 3383

Syllabus

VEHICULAR MANSLAUGHTER – R.C. 2945.75(A)(2) – COUNSEL: Where defendant was charged with vehicular manslaughter, a misdemeanor of the second degree in violation of R.C. 2903.06(A)(4), and the complaint did not allege any element that would have elevated the degree of the offense, R.C. 2945.75(A)(2) was inapplicable. Where trial counsel's decision not to hire a crime scene reconstructionist and to instead cross-examine the state's witness was a matter of trial strategy, and where it cannot be demonstrated that the outcome of the proceedings would have been different but for counsel's failure to hire such an expert, counsel did not render ineffective assistance.