State v. Nemeth

694 N.E.2d 1332, 82 Ohio St. 3d 202
CourtOhio Supreme Court
DecidedJune 24, 1998
DocketNo. 97-534
StatusPublished
Cited by154 cases

This text of 694 N.E.2d 1332 (State v. Nemeth) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Nemeth, 694 N.E.2d 1332, 82 Ohio St. 3d 202 (Ohio 1998).

Opinion

Moyer, C.J.

The issue in this case is whether Ohio recognizes “battered child syndrome” as a valid topic for expert testimony in the defense of parricide. Expert testimony on battered child syndrome is admissible in Ohio courts when it is relevant and meets the requirements of Evid.R. 702. The defendant, Brian Nemeth, has been diagnosed with battered child syndrome and it is relevant to his defense in a variety of ways. Further, the testimony proffered by the defense on battered child syndrome meets the requirements of Evid.R. 702. Therefore, although the syndrome is not recognized as an independent defense in Ohio, the trial court erred in prohibiting expert testimony on the syndrome in support of a claim of self-defense or as justification for an instruction on a lesser included offense to murder. We, therefore, affirm the decision of the court of appeals.

I

Part of the difficulty we face in addressing this case is the inadequacy of the shorthand labels we have tried to place on the psychological characteristics associated with abused children and other battered persons. In Koss, we adopted the term “battered woman syndrome” as a legal term of art referring to the characteristics and symptoms associated with women who are battered by their spouses or significant others. State v. Koss (1990), 49 Ohio St.3d 213, 551 N.E.2d 970. The term was defined by Lenore E. Walker in her book, The Battered Woman Syndrome (1984), which explained the psychological effects suffered by battered women.

Today we are asked to address what some courts have loosely termed “battered child syndrome.” Unlike battered woman syndrome, the term “battered child syndrome” was long ago adopted as a term of art in the medical community as the label for a set of physical symptoms that provide proof of child abuse. The battered child syndrome has been used for over thirty years in this context and has been accepted by the medical and legal community as a means of proving that a child has been abused. Only recently have attempts been made to expand this label to include a set of psychological symptoms or behavioral effects [206]*206suffered by victims of child abuse. Many courts have been reluctant to allow evidence on the psychological effects of battered child syndrome because they do not believe that there is sufficient scientific proof that psychological markers can in and of themselves identify a battered or abused child.

Identifying an abused child based solely on a psychological profile, however, is an entirely different matter than recognizing that children who have been abused share a set of characteristic psychological symptoms.1 These symptoms may not be exclusive to abused children, but most abused children demonstrate these symptoms to varying degrees. See, generally, footnotes 2 and 3, infra. These symptoms have been well documented and universally noted in the psychiatric and medical community. Unfortunately, that community has not adopted a universal label for these symptoms.

Some experts have tried to incorporate the psychological effects of child abuse under the label of “battered child syndrome”; some distinguish it from the physical syndrome by calling it “child abuse syndrome”; still others address it as a form of posttraumatic stress disorder or acute stress disorder. See Diagnostic and Statistical Manual of Mental Disorders (4 Ed.1994) 424-431 (“DSM-IV”). It has also been labeled as “characterological sequelae of prolonged victimization,” and “traumatic bonding,” for example. See Posttraumatic Stress Disorder: DSM-IV and Beyond (1993) 219-220. Regardless of the label, however, the behaviorál and psychological characteristics which may manifest in abused children have been universally and consistently recognized in the scientific community since at least 1962. See Kempe, Silverman, Steele, Droegemueller & Silver, The-Battered-Child Syndrome (1962), 181 J.Am.Med.Assn. 17, 18-20 (describing the psychological and physiological harm caused by child abuse).

Because the issue has been raised in this case using the term “battered child syndrome” to refer to the psychological and behavioral characteristics of abused children, we will continue to use this label throughout this opinion, recognizing that this encompasses the same characteristics identified under numerous labels and which are set forth most specifically under the diagnostic criteria of posttraumatic stress disorder.

II

The defense in this case did not ask that battered child syndrome be recognized as a new defense or an independent justification for the killing of an abusive [207]*207parent. The proffer made at trial was limited to expert testimony that would explain the psychological effects of long-term child abuse, and was proffered in support of a self-defense theory as well as a charge on voluntary manslaughter. As such, the issue before us is an evidentiary matter and is governed by the Ohio Rules of Evidence. Because there was no basis for excluding the testimony under the Rules of Evidence, and because we find that the trial' court’s exclusion of this testimony to be prejudicial to the defendant, we need not reach the constitutional issues addressed by the court of appeals.

We have previously held that “[t]he Ohio Rules of Evidence establish adequate preconditions for admissibility of expert testimony * * State v. Williams (1983), 4 Ohio St.3d 53, 4 OBR 144, 446 N.E.2d 444, syllabus. Courts should favor the admissibility of expert testimony whenever it is relevant and the criteria of Evid.R. 702 are met. See id. at 57-58, 4 OBR at 148, 446 N.E.2d at 447.

Evidence is relevant if it has “any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Evid.R. 401. Evidence that would support a defendant’s explanation of the events at issue and would provide evidence as to his possible state of mind at the time of the incident is clearly relevant to his or her defense. In this case, the testimony on battered child syndrome, which was proffered by the defense, is relevant for at least four separate purposes, including the determination of whether Brian (1) had acted with prior calculation and design as charged in the indictment, (2) had acted with purpose as required for the lesser included offense of murder, (3) had created the confrontation or initiated the aggression, and (4) had an honest belief that he was in imminent danger, a necessary element in the affirmative defense of self-defense.

General information on battered child syndrome would also tend to show that Brian’s behavior was consistent with that of an abused child and would lend support to his testimony that he had been abused both generally and just prior to the küling. See State v. Stowers (1998), 81 Ohio St.3d 260, 262, 690 N.E.2d 881, 883-884. We have held that an expert may not offer an opinion as to the truth of a child’s statement. However, an expert may provide testimony that supports “the truth of the facts testified to by the child, or which assists the fact finder in assessing the child’s veracity.” (Emphasis sic.) Id. at 262-263, 690 N.E.2d at 884.

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Cite This Page — Counsel Stack

Bluebook (online)
694 N.E.2d 1332, 82 Ohio St. 3d 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-nemeth-ohio-1998.