State v. Austin

Citations

• 2021 Ohio 3608

Syllabus

CRIM.R. 23 – DEMAND FOR JURY TRIAL – CRIM.R. 16 – DISCOVERY – SANCTIONS – EVIDENCE-SUFFICIENCY – MANIFEST WEIGHT – HARMLESS ERROR: The trial court did not err in denying defendant's request for a continuance in order to file a demand for jury trial in a petty offense case where he failed to comply with Crim.R. 23. The trial court erred by not properly inquiring into the circumstances of a discovery violation by the state however, any error was harmless. Defendant's aggravated-menacing conviction was supported by the sufficiency of the evidence where the trial court could have concluded from circumstantial evidence that the victim felt she was at risk of serious physical harm. Defendant's convictions for domestic violence and aggravated menacing were not against the manifest weight of the evidence where the trial court reasonably resolved credibility disputes against defendant.