State v. Milby

Citations

• 2020 Ohio 5569

Syllabus

Defendant appeals murder convictions. Defendant previously convicted of felonious assault and child endangering after child victim suffered severe brain injury determined to be the result of abusive head trauma. Victim in permanent vegetative state until death five years later. Felonious assault and child endangering charges were predicate offenses of the murder counts. Court did not abuse discretion in denying request for expert funds where the defendant did not make particularized showing for the need for expert. Defendant did not seek expert assistance to determine whether original brain injury caused child's death, rather defendant sought to challenge whether underlying assault was accidental or non-accidental. State submitted sufficient evidence and the convictions were supported by the manifest weight of the evidence. State could use certified copies of court records to prove the fact of the defendant's prior convictions for the predicate offenses. State submitted evidence establishing the causal link between the original brain injury and the victim's death.