State v. Myers, 2012 Ohio 1820

July 1–2, 2010: Myers at a bar; victim A.Y. later finds Myers stuck in a ditch near her home and helps tow his vehicle.
July 2–3, 2010: Myers followed victim to her home; she fired over his head to scare him; Myers allegedly raped her at gunpoint and assaulted her, while forcing cocaine and keeping her against her will.
July 3, 2010: Myers stopped for a DUI near the victim’s home and released hours later.
July 4, 2010: Victim reported the rape; Myers initially denied knowing her or being in her home.
Indictments and trial: Myers charged with multiple offenses including rape, kidnapping, aggravated burglary, and weapons under disability; later amended with additional rape counts and violent offender specifications; DNA evidence linked Myers to the scene.
October 2010: Jury found Myers guilty of all charges and SVP charge; sentenced to life with parole eligibility after 40 years.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of prior Wisconsin conviction under Evid.R. 404(B) and 2945.75	Myers argues admitted prior conviction improperly used to prove propensity.	State contends Wisconsin conviction necessary to prove repeat violent offender and weapon under disability.	Admissible for element proof and as necessary under 2945.75; not admissible for impermissible propensity only.
Right to confrontation and cross-examination of the victim	Myers claims lack of cross-examination regarding victim’s prior false allegations violated Sixth Amendment.	Trial court properly constrained questioning; voir dire and limits fall within discretion.	No constitutional violation; court did not abuse discretion in limiting cross-examination.
Effective assistance of counsel	Counsel failed to object to repetitive testimony and failed to subpoena witnesses."	Many tactical decisions support counsel’s handling; no prejudice shown.	No ineffective-assistance established; defenses and evidence supported by record.

State v. Maurer, 15 Ohio St.3d 239 (1984) (trial court evidentiary discretion standard of review)
State v. Hymore, 9 Ohio St.2d 149 (1967) (evidentiary rules and admissibility considerations)
State v. Ristich, 2004-Ohio-3086 (2004) (abuse of discretion review in evidentiary rulings)
State v. Watkins, 9th Dist. No. 02CA008087, 2003-Ohio-1308 (2003) (Evid.R. 404(B) exceptions and admissibility framework)
State v. Halsell, 2009-Ohio-4166 (2009) (prior conviction admissibility when element of crime)
State v. Blonski, 125 Ohio App.3d 103 (1997) (prior offenses admissible under statutory framework when relevant)
State v. Horne, 2011-Ohio-1901 (2011) (limits on prior conviction testimony for weapon-under-disability)
State v. Messenger, 2010-Ohio-479 (2010) (probative value of unrelated prior false accusations)
State v. Frederick, 2002 WL 360643 (2002) (Evid.R. 608(B) cross-examination of victim for prior false accusations)
State v. Husseln, 2003-Ohio-1369 (2003) (Evid.R. 608(B) and 616(A) admissibility of victim’s bias or deceit)
State v. Rainey, 2009-Ohio-5873 (2009) (time and probative value of prior allegations)