Friday, September 27, 2013

OH - State v. WASKELIS

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Original Article

Diigo Post Excerpt:
{¶1} Defendant-appellant, Waskelis, appeals from the October 30, 2012 Order and Journal Entry of the Portage County Court of Common Pleas, denying his postconviction Petition to Vacate and Set Aside Conviction and Sentence. The issues to be determined by this court are whether a defendant's postconviction petition can be denied, without a hearing, when the issue related to the ineffective assistance of counsel was not raised on appeal, and whether the trial court made proper factual findings and conclusions of law when it stated that the matter was barred by res judicata. For the following reasons, we affirm the decision of the trial court. {¶2} On April 15, 2011, following a jury trial, Waskelis was found guilty of six counts of Rape, felonies of the first degree, in violation of R.C. 2907.02(A)(1)(b). On four counts of Rape (counts three through six of the indictment), the jury made additional findings that the victim was "less than ten [years old]" at the time of the offense. Waskelis was also found guilty of three counts of Gross Sexual Imposition, felonies of the third degree, in violation of R.C. 2907.05(A)(4). {¶3} The charges against Waskelis were related to his sexual contact with his girlfriend's minor daughter, A.B. A.B. testified that she was being sexually abused by Waskelis. Nurse Carlin Johnson, a pediatric sexual assault nurse at the Portage County Children's Advocacy Center, testified regarding A.B.'s allegations against Waskelis and described the physical exam she performed. Dr. Paul McPherson explained that, based on his review of the exam performed by Johnson and the statements of A.B., "[w]ithin a reasonable degree of medical certainty, her evaluation is consistent with child sexual abuse." The evidence presented at trial is further described in State v. Waskelis, 11th Dist. Portage No. 2011-P-0035, 2012-Ohio-3030, ¶ 4-19.

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