State v. Banks

Citations

• 2020 Ohio 3029

Syllabus

Sufficiency of the evidence manifest weight of the evidence expert testimony harmless error. There was sufficient evidence for aggravated murder conviction where the state presented substantial evidence tying defendant to drive-by shooting, including his DNA found on the stolen car used in drive-by and firearm found inside of car, cell site location information that was consistent with defendant being involved in drive-by and defendant being found with fresh and untreated wound that he attempted to hide from police. Aggravated murder conviction is not against the manifest weight of the evidence where there is no conflict in the evidence and no evidence weighing heavily against conviction. Where the defendant could not show prejudice resulted from admission of challenged portion of expert testimony, even assuming that the trial court thereby erred, such error would be harmless.