State v. Remy

Citations

• 2018 Ohio 2856

Syllabus

Defendant was convicted of multiple counts of rape of a child under the age of 13 (less than 10 years old force or threat of force), gross sexual imposition, intimidation, domestic violence, and endangering children the victims were defendant's three young stepdaughters. Defendant's rape convictions based on vaginal or anal penetration were based on sufficient evidence and were not against the manifest weight of the evidence. Trial court did not abuse its discretion in determining that defendant's stepdaughters were competent to testify at trial. Defendant did not demonstrate prosecutorial misconduct based on the State's use of the term \monster\ during closing argument. Trial counsel did not render ineffective assistance by failing to object to (1) the girls' recorded statements to their grandfather's girlfriend, (2) the recorded forensic interviews, (3) one girl's statements to her stepgrandfather and a police officer, and (4) certain opinion testimony by the State's expert. Judgment affirmed.