State v. Kruse, 2017 Ohio 5667

Background

Defendant Jean Paul Kruse was tried for multiple sexual offenses against foster/adopted children in his home; jury convicted him on 15 counts (including five rape convictions) and acquitted or the State dismissed others; several rape sentences ordered to run consecutively, producing multiple life terms.
Allegations first surfaced July 20, 2012 after child disclosures to relatives and sibling corroboration; investigations and forensic interviews followed; some victims recanted or gave inconsistent statements at various times.
Procedural history: original indictment (2013) superseded twice (ending with 35 counts); trial held May 2015; convictions and sentencing June 3, 2015; appeal raises four assignments of error.
Issues on appeal: trial court denied (or limited) funding for an investigator/expert; claim of ineffective assistance of counsel; alleged plain error in admitting hearsay and permitting leading questions; manifest-weight challenge to convictions.
Trial court hearings addressed discovery timing; first funding motion denied as untimely and lacking particularized need; second motion granted in part ($1,000 for investigation but not testimonial expenses).
On appeal, the court affirmed: found no abuse of discretion in funding rulings; counsel’s performance not deficient under Strickland; trial court properly admitted certain hearsay (excited utterance) after voir dire outside jury; verdicts were not against the manifest weight of the evidence.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Kruse)	Held
Funding for investigator/expert	Court acted within discretion; no particularized need shown for testimonial expert	Denial/limitation of funds violated due process and Ake/Mason principles; request was timely enough	No abuse of discretion; first request untimely/overbroad; second granted in part; testimonial funding not shown necessary
Ineffective assistance of counsel	Counsel acted within reasonable professional judgment; obtained partial continuance and partial investigator funding; objections were made when appropriate	Counsel failed to timely review discovery, untimely moved for funds, failed to object to leading/hearsay, and mishandled impeachment/refreshing recollection	Strickland test not met; performance within wide range of reasonable assistance and no demonstrated prejudice
Plain error — leading questions and hearsay	Trial court properly exercised discretion permitting some leading questions for a child witness; hearsay was ruled admissible as excited utterance after hearing	Failure to sua sponte exclude leading questions and hearsay was plain error affecting substantial rights	No plain error: leading questions within discretion for child victims; hearsay admitted after outside-the-jury hearing as Evid.R. 803(2) excited utterance
Manifest weight of the evidence	Evidence (victim testimony, forensic interviews, corroboration) sufficed to support convictions	Convictions rest on inconsistent/recanted statements and lack of physical evidence; some victims recanted or denied abuse	No miscarriage of justice; jury credibility determinations upheld as not against manifest weight — convictions affirmed

Key Cases Cited

Ake v. Oklahoma, 470 U.S. 68 (1985) (due process may require provision of expert assistance to indigent defendant when particularized need shown)
State v. Mason, 82 Ohio St.3d 144 (1998) (indigent defendants entitled to basic tools of defense; particularized showing of need required for expert)
State v. Brady, 119 Ohio St.3d 375 (2008) (trial court discretion to grant expert; factors to consider when providing expert assistance)
Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance standard: deficient performance and prejudice)
State v. Bradley, 42 Ohio St.3d 136 (1989) (application of Strickland in Ohio)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard described)
State v. DeHass, 10 Ohio St.2d 230 (1967) (appellate deference to factfinder on witness credibility)
State v. Antill, 176 Ohio St. 61 (1964) (trier of fact may believe or disbelieve any witness or parts of testimony)
State v. Awan, 22 Ohio St.3d 120 (1986) (appellate court will not substitute its credibility judgments for the jury)
State v. Conway, 109 Ohio St.3d 412 (2006) (failure to object alone does not establish ineffective assistance)
State v. Gumm, 73 Ohio St.3d 413 (1995) (failure to object not per se ineffective assistance)
State v. Wogenstahl, 75 Ohio St.3d 344 (1996) (modifying aspects of prior ineffective-assistance holdings)
State v. Long, 53 Ohio St.2d 91 (1978) (plain-error rule; invoke cautiously)
State v. Barnes, 94 Ohio St.3d 21 (2002) (plain error standard articulated)
State v. Lewis, 4 Ohio App.3d 275 (1982) (trial court discretion in allowing leading questions on direct examination)