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State v. Belton

Citations

  • 2024 Ohio 2357

Syllabus

Motion to suppress warrantless search investigative stop Terry stop \automobile exception\ to a warrantless search motion to strike juror for cause peremptory challenge fair and impartial juror ineffective assistance of counsel joinder of indictments Crim.R. 8(A) waiver of appealable error Crim.R. 29 motion for acquittal insufficiency of the evidence manifest weight of the evidence jury instructions merger of allied offenses of similar import. The trial court did not abuse its discretion when it denied appellant's motion to suppress where the collective facts support a finding that the officer's had a reasonable suspicion to conduct an investigative stop and the officers had probable cause to believe the appellant's vehicle contained contraband. Where a juror's comments did not demonstrate bias or impartiality, the trial court did not abuse its discretion when it denied appellant's challenge to the juror for cause. Further, appellant's counsel was not ineffective when he chose not to utilize a peremptory challenge on a juror who demonstrated his ability to act as a fair and impartial factfinder. The appellant waived his right to challenge a motion for relief from joinder when he entered a guilty plea on the indictment. The trial court did not err when it denied appellant's Crim.R. 29 motion for acquittal where there was sufficient evidence to support his convictions. The jury's verdict was not against the manifest weight of the evidence where ample evidence was introduced to support the convictions. Where evidence was introduced that, if believed, could establish complicity and constructive possession, the trial court did not abuse its discretion when it provided jury instructions on those issues. The trial court committed plain error when it failed to merge the convictions of allied offenses of similar import.

Judges: Kilbane

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