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STATE v. DePEW

No. 98CA2469.

136 Ohio App.3d 129 (1999)

The STATE of Ohio, Appellee, v. DePEW, Appellant.

Court of Appeals of Ohio, Fourth District, Ross County.

Decided December 6, 1999.

Attorney(s) appearing for the Case

Scott W. Nusbaum, Ross County Prosecuting Attorney, and Steven E. Drotleff, Assistant Prosecuting Attorney, for appellee.

David H. Bodiker, State of Ohio Public Defender, and Ben A. Rainsberger, Assistant Public Defender, for appellant.

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),

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