State v. Shearer

Citations

• 2018 Ohio 1688

Syllabus

Appellant's speedy trial rights were not violated as she was not coerced into waiving such rights when faced with the potential of having her experts' testimony excluded from trial as a consequence of her violating the timing requirements found in Crim.R. 16(K), appellant, on advice of her trial counsel, moved for a continuance. In addition, the prosecutor did not act inappropriately so as to support a claim of prosecutorial misconduct during its rebuttal closing argument where the prosecutor's comments at issue were properly responsive to the issue that counsel had argued at length namely, that the investigating officers assumed appellant's guilt from the outset, thus ignoring potential exculpatory evidence even when questioned about that evidence by her trial counsel in the months and weeks leading up to trial. Finally, by agreeing with the trial court, appellant's trial counsel invited any error that may have occurred limiting his ability to question appellant's expert witness regarding whether she suffered from battered-woman's syndrome at the time she shot and killed her husband.