Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. McGinnis

Court of Appeals of Ohio, Ninth District, Lorain

May 30, 2017

STATE OF OHIO, Appellee
v.
MATTHEW MCGINNIS, Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO CASE No. 13CR086717

          APPEARANCES: SEAN A. BORIS, Attorney at Law, for Appellant.

          DENNIS P. WILL, Prosecuting Attorney, and ELIZABETH LINDBERG, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          TEODOSIO, Judge.

         {¶1} Defendant-Appellant, Matthew McGinnis, appeals from his convictions in the Lorain County Court of Common Pleas. This Court affirms.

         I.

         {¶2} In November 2012, Mr. McGinnis was residing in an apartment with his four-year old son, a woman with whom he was romantically involved, and her two girls. At the time, the oldest girl was three years old and the youngest girl was one year old. The charges giving rise to this appeal stem from injuries that the one-year-old sustained while in Mr. McGinnis' care. Specifically, the one-year-old sustained buckle fractures in both legs at the tibias, a buckle fracture in her left arm at the ulna, and facial bruising. The medical expert who reviewed the child's records concluded that her injuries were inconsistent with accidental trauma. She also concluded that her injuries could not have been inflicted by another child.

          {¶3} A grand jury indicted Mr. McGinnis on one count of felonious assault and two counts of child endangering. During discovery, Mr. McGinnis requested funds to retain a medical expert for the purpose of reviewing the victim's records and assisting the defense in its trial preparation. Although the trial court granted the request, the defense never retained an expert. The record reflects that the attorney who requested the funds withdrew from representation, and Mr. McGinnis' new attorney agreed to withdraw the request and proceed to trial. Following the trial, a jury found Mr. McGinnis guilty on all counts. The trial court then sentenced him to a total of two years in prison.

         {¶4} Mr. McGinnis now appeals from his convictions and raises one assignment of error for our review.

         II.

         ASSIGNMENT OF ERROR

THE FAILURE OF DEFENSE COUNSEL TO OBTAIN AN EXPERT WITNESS DENIED THE APPELLANT THE RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL.

         {¶5} In his sole assignment of error, Mr. McGinnis argues that he was denied the effective assistance of counsel because his counsel failed to obtain an expert to evaluate the victim's medical records and injuries. He argues that, had counsel done so, that expert may have reached a different opinion regarding the cause of the victim's injuries. For the reasons outlined below, we reject Mr. McGinnis' sole assignment of error.

         {¶6} To prove ineffective assistance of counsel, Mr. McGinnis must establish that (1) his counsel's performance was deficient, and (2) "the deficient performance prejudiced the defense." Strickland v. Washington, 466 U.S. 668, 687 (1984). To demonstrate prejudice, he must prove that "there exists a reasonable probability that, were it not for counsel's [deficient performance], the result of the trial would have been different." State v. Bradley,42 Ohio St.3d 136 (1989), paragraph three of the syllabus. "A defendant * * * cannot establish ineffective assistance of counsel based upon his or her trial counsel's failure to obtain an expert witness when the defendant's argument is based 'entirely upon speculation that such a witness exists, and speculation as to what the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.