UCBA Prof Wins Ohio Supreme Court Case

UCBA professor Wendy Calaway took an appeal in a murder trial all the way to the Ohio Supreme Court and won, setting a new precedent for criminal cases across the state.  

Calaway, who is a practicing attorney and professor in the UCBA Behavioral Science Department, appeared before the justices last spring to argue that they should overturn Joseph Harris’s murder conviction and award a new trial.  She stated that by allowing the testimony of a court-appointed clinical psychologist after Harris abandoned his insanity defense, the defendant’s constitutional rights were violated.  

In a recent ruling, the justices voted unanimously to overturn the conviction and award a new trial. 

“This is a big case for defendants across the state,” said Calaway. “It makes it clear that prosecutors cannot call in an expert to testify about the credibility of a witness, when their area of expertise is not relevant.”

Harris was indicted in October 2010 for the murder of Shane

UC Blue Ash professor and practicing attorney, Wendy Calaway, appears before the Ohio Supreme Court Justices to present her argument in a landmark case.

Gulleman during an apparent drug deal.  The facts in the case are a little gray since the two men were alone when the alleged crime occurred.  Harris pled not guilty by reason of insanity.  The state appointed a clinical psychologist to evaluate Harris, and she found him competent to stand trial.  By the time the trial began in June 2011, Harris withdrew his insanity plea, but prosecutors still proceeded to put the psychologist on the stand to testify.

Calaway was not involved in the original trial.  The defense attorney in the case asked the presiding judge to appoint Calaway to work on the appeal.  She has been taking on more appellate work recently and is gaining a reputation as an expert in the field.  

“I find the appellate process very interesting, and this type of work gives me more freedom with my schedule since I don’t have to be in the courtroom as often.”

Calaway was in the courtroom when she presented her argument to the Supreme Court and her class was able to watch through closed circuit TV.   “It was a great experience for me and a learning experience for them.  We talked about the case and appeal process in class,” said Calaway. 

Calaway teaches criminal justice, criminology, and corrections courses at UC Blue Ash.  She uses her experience as a practicing attorney to provide real-life cases for her students and to bring judges, law enforcement officers, and even federal agents to the classroom.