State v. Trussell

Citations

• 2018 Ohio 1838

Syllabus

Challenge for cause Crim.R. 24(C) manifest weight of the evidence credibility ineffective assistance of counsel. Defendant-appellant's jury convictions for rape, kidnapping, and domestic violence affirmed. Defendant was not prejudiced by the trial court's denial of his challenge for cause that caused his counsel to exercise the final peremptory challenge. The trial court heard the challenged juror testify that she could be fair and impartial in the present case even though she volunteered at a rape crisis telephone hotline 25 years prior. Defendant's convictions for rape and kidnapping were not against the manifest weight of the evidence. Defendant's attacks of the victim's credibility ignored important aspects of her testimony. Defense counsel was not ineffective for failing to subpoena video surveillance footage to impeach the victim's credibility. Defendant failed to demonstrate that counsel's failure to subpoena this evidence fell below an objective standard of professional reasonableness or resulted in prejudice to the defense.