State v. Depew

Kline, Presiding Judge.

Joshua Q. DePew appeals the Ross County Court of Common Pleas’ judgment finding him guilty of involuntary manslaughter. DePew asserts that the trial court prejudicially denied his constitutional right to cross-examine the state’s medical expert when it barred him from using learned treatises to impeach the expert. Based upon the interpretation of Evid.R. 706 articulated by the Supreme Court of Ohio in Freshwater v. Scheidt (1999), 86 Ohio St.3d 260, 714 N.E.2d 891, we agree. DePew also asserts that the trial court erred by denying his request for a mistrial based upon…