State v. August

Citations

• 2019 Ohio 4126

Syllabus

Criminal Law— Preindictment Delay — Evidence — Mistrial for potential Juror Bias — Sufficiency/Manifest Weight. Appellant did not establish actual prejudice resulted from the length of time it took the state to indict him for the alleged offenses because his reliance on unavailable evidence was speculative and indirectly relevant to operative facts. The trial court did not abuse its discretion allowing a statement about appellant's past criminal behavior because it was not offered for the truth of the matter asserted and was used for a legitimate purpose in showing a threat had been made. The trial court did not abuse its discretion denying a motion for a mistrial, after discovering jurors saw appellant in handcuffs, because the trial court individually questioned the jurors and determined the observation had no effect on their verdict. The evidence produced at trial was such that this reviewing court cannot find that the jury clearly lost its way and created a manifest miscarriage of justice convicting appellant.