2022 Ohio 4566
Ohio Ct. App.2022Background
- Jason J. Snider was indicted on multiple counts (rape, gross sexual imposition, sexual battery, unlawful sexual conduct with a minor) based on victim H.S.’s testimony of abuse from ages ~5–14.
- H.S. initially disclosed abuse to her foster mother and a sexual-assault nurse examiner; months later she recanted in a statement to defense counsel and a court reporter, then later said the recantation was false.
- At trial Dr. Paul McPherson (a pediatric physician) testified as an expert about delayed disclosure and reasons victims recant. Defense cross-examination showed his written expert report addressed delayed disclosure but did not discuss recantation.
- Defense counsel did not object to the admission of the recantation-related testimony. The jury convicted Snider of attempted rape (2 counts), gross sexual imposition (6), unlawful sexual conduct with a minor (2), and sexual battery (2).
- On appeal Snider argued (inter alia) the trial court erred by admitting expert testimony beyond the expert report (Crim.R.16(K)) and that counsel was ineffective for failing to object; the court reversed and remanded based on those claims.
Issues
| Issue | State's Argument | Snider's Argument | Held |
|---|---|---|---|
| Admission of expert testimony beyond expert report under Crim.R.16(K) | Testimony on recantation was proper; record and cross show report addressed delayed disclosure | Dr. McPherson testified about recantation though his report did not disclose that topic, violating Crim.R.16(K) | Error to allow testimony beyond report; noncompliance with Crim.R.16(K) requires exclusion (per Boaston and related authority) |
| Plain error review for admission where no contemporaneous objection | No specific oral argument preserved at trial; State suggested defense counsel conceded admissibility out-of-court | State raised alleged out-of-court concession too late and off-record; appellate court cannot rely on matters not in record | Court declined to consider off-record concession; error must be assessed from the record |
| Ineffective assistance for failing to object to expert testimony | Defense strategy: counsel could use cross-exam and chose not to object | Failure to object forfeited the trial court’s exclusion power under Crim.R.16(K) and cannot be justified as strategy here | Counsel ineffective: performance deficient and prejudicial given centrality of victim credibility; reversal warranted |
| Sufficiency of evidence (single-witness case; recantation) | Evidence (H.S.’s testimony) was sufficient when viewed in light most favorable to prosecution | Inconsistent statements and recantation undermine sufficiency | Convictions were supported by sufficient evidence; insufficiency claim rejected (but reversal on other grounds remanded) |
Key Cases Cited
- State v. Boaston, 160 Ohio St.3d 46 (Crim.R.16(K) requires exclusion of expert testimony not disclosed in the report)
- State v. Walls, 104 N.E.3d 280 (expert testimony that far exceeds the disclosed report must be excluded)
- State v. Issa, 93 Ohio St.3d 49 (plain-error standard)
- State v. Long, 53 Ohio St.2d 91 (plain-error caution; exceptional circumstances)
- Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)
- State v. Madrigal, 87 Ohio St.3d 378 (applying Strickland in Ohio; two-prong test)
- State v. Bradley, 42 Ohio St.3d 136 (prejudice prong—reasonable probability of different result)
- State v. Jenks, 61 Ohio St.3d 259 (sufficiency standard: view evidence in light most favorable to prosecution)
- State v. Thompkins, 78 Ohio St.3d 380 (discussion of sufficiency vs. manifest weight)
- State v. Ishmail, 54 Ohio St.2d 402 (appellate court may not add off-record matter to the record)
- State v. Ramirez, 159 Ohio St.3d 426 (a sufficiency reversal is effectively an acquittal and bars retrial)