State v. Fraker, 2013 Ohio 4561

Fraker, father of C.F., was charged with Felonious Assault and two Endangering Children counts after C.F. suffered severe injuries later deemed shaken baby syndrome.
Defense sought a medical expert; the court held a hearing but did not provide funds or identify an expert, and no defense expert testified.
Defense also sought confidential counseling records of Angelica Stevenson; 42 C.F.R. protections barred disclosure without consent, and records were not produced.
Pre-incident testimony showed Fraker as primary caregiver while Stevenson was at work; both parents reportedly used heroin or Percocet during that period.
On August 11, 2011, C.F. looked well earlier that day but deteriorated in the evening; Fraker was alone with the child until the incident.
After emergency treatment, C.F. was diagnosed with subdural hemorrhage and extensive retinal hemorrhages; Dr. Brink later opined abuse by shaking.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance of counsel	Fraker's counsel failed to obtain an expert and to pursue Stevenson records.	Counsel acted within strategy; records and expert would not have changed outcome.	No deficient performance or prejudice; trial counsel's actions reasonable
Sufficiency of evidence for endangering	Evidence shows Fraker created substantial risk and abused C.F. via shaking-like mechanism.	No direct proof Fraker caused the injuries; other explanations possible.	Sufficient evidence to support Counts II and III
Manifest weight of the evidence	Jury resolution crediting evidence of abuse was not against weight of the evidence.	Weight favors alternative explanations and less certainty about timing of injury.	Conviction not against the weight of the evidence

State v. Keith, 79 Ohio St.3d 514 (1997) (standards for ineffective assistance)
Strickland v. Washington, 466 U.S. 668 (1984) (deficiency and prejudice standard)
State v. Cassano, 96 Ohio St.3d 94 (2002) (strong presumption of reasonable assistance)
In re Willcox, 2011-Ohio-3896 (2011) (sufficiency review standard and light on weight)
State v. Hunter, 131 Ohio St.3d 67 (2011) (sufficiency standard for appellate review)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (evidentiary sufficiency and standard for conviction)
State v. Dailey, 2008-Ohio-274 (2008) (credibility due deference to fact-finder)
State v. Thompson, 1998 (1998) (credibility and weight considerations)