State v. Schenck

Citations

• 2022 Ohio 430

Syllabus

Appellant's conviction was not against the manifest weight of the evidence where there were inconsistencies in and conflicts between witnesses' testimony. Determinations regarding witness credibility, conflicting testimony, and the weight to be given such evidence are primarily for the trier of fact. The trial court did not err in choosing to believe the victim's testimony and disbelieve appellant's testimony. The failure to make objections is not enough to sustain a claim of ineffective assistance of counsel. Likewise, the mere failure to subpoena witnesses for a trial is not a substantial violation of defense counsel's essential duty absent a showing of prejudice. Finally, where trial counsel chose to speak on his client's behalf through a memorandum, it is not an appellate court's role to second-guess trial strategy decisions. Appellant cannot establish that he was prejudiced, and speculation is insufficient to find error on behalf of trial counsel.