State v. Bender

Citations

• 243 N.E.3d 713
• 2024 Ohio 1750

Syllabus

SUFFICIENCY MANIFEST WEIGHT FELONIOUS ASSAULT SELF DEFENSE MISTRIAL 5TH AMENDMENT JURY INSTRUCTIONS INFERIOR-DEGREE-OFFENSE INSTRUCTION STAND-YOUR-GROUND LAW VERDICT FORMS SENTENCING REAGAN TOKES LAW. The defendant-appellant's felonious-assault conviction is not against the manifest weight of the evidence because the trier of fact did not lose its way including that the defendant-appellant did not act in self-defense. The trial court did not abuse its discretion by denying the defendant-appellant's motions for a mistrial because the prosecutor did not improperly address the defendant-appellant's invocation of his Fifth Amendment privilege against self-incrimination or his pre-arrest, pre-Miranda silence. The trial court did not abuse in instructing the jury.