State v. Wolfe

Citations

• 2024 Ohio 4861

Syllabus

JURY LIMITING INSTRUCTION; ADMISSION AND EXCLUSION OF EVIDENCE; HEARSAY; EVID.R. 803(4); SUFFICIENCY OF THE EVIDENCE; RAPE; ATTEMPTED GROSS SEXUAL IMPOSITION; DATE OF OFFENSE; INEFFECTIVE ASSISTANCE OF TRIAL COUNSEL; SENTENCING; CONSECUTIVE SENTENCES. The trial court's unsolicited limiting instruction did not rise to the level of plain error. The trial court did not abuse its discretion by permitting the jury to view a video recording of the victim's interview with a social worker and forensic interviewer at the Center for Family Safety and Healing at Nationwide Children's Hospital or by admitting the video and corresponding report into evidence. The defendant-appellant's rape and attempted-gross-sexual-imposition convictions are based on sufficient evidence. The defendant-appellant's trial counsel was not ineffective for failing to object to the State's reference to inadmissible hearsay, prior-bad-acts, evidence, or the defendant-appellant's pre-arrest silence, or by failing to request a mistrial. The defendant-appellant's sentence is not contrary to law.