The attorney for McClain Durst, 30, currently incarcerated in the Toledo Correctional Institution, claims the Huron County Common Pleas Court and Durst’s trial attorney made errors and that his conviction should be overturned.
In a brief filed Monday, Port Clinton attorney Sarah Nation cited five alleged mistakes during Durst’s weeklong trial in August 2018.
Nation claimed Judge James Conway was wrong to deny a defense motion for a mistrial after a witness gave testimony referencing Durst allegedly selling heroin.
“The jury heard information regarding a serious drug offense, which was highly prejudicial to (Durst),” Nation wrote.
She also claimed:
• The prosecution mischaracterized evidence in their opening statement
• The court allowed a witness to testify remotely when it allegedly shouldn’t have
• The conviction was based on “insufficient evidence”
• Durst’s trial attorney didn’t submit exhibits Durst gave him and was wrong to have not called Durst to the witness stand.