Mr. ****** was convicted of several domestic oriented offenses causing the trial court to impose a fifteen (15) year period of incarceration. The conviction was based in large part on the testimony of a clinical psychologist that diagnosed the victim as suffering from Battered Woman Syndrome. This diagnosis explained the vast number of inconsistencies by the victim allowing for the conviction. This law firm was retained to appeal the conviction. The primary issue presented on appeal was whether the State violated the defendant’s right to a fair trial when the evidence of Battered Woman Syndrome was introduced into evidence. Long standing statute and precedent should have barred admission. The Eleventh District Court of Appeals heard the matter. In a two to one decision, the Court held that the law should permit for the introduction of this type of testimony. Recognizing that the decision was in conflict with existing authority, the court certified the conflict to the Ohio Supreme Court. Oral arguments were presented to the Ohio Supreme Court and the state of the law was changed in Ohio as a result. Mr. ****** was returned to the trial court for new proceedings. He accepted the state’s plea offer which substantially reduced the term of incarceration.
Penalty Reduced
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