State v. Bey

Citations

• 2019 Ohio 1884

Syllabus

Other acts evidence Evid.R. 404(B) R.C. 2945.59 absence of mistake or accident prior allegations identity felony-murder sufficiency of the evidence manifest weight. The state's use of other acts evidence to prove accident or mistake was improper because the defendant did not admit to any criminal conduct and then attempt to justify that the resulting injury or death was accidental or caused by mistake. However, the use of other acts evidence was properly considered for purposes of identity. Defendant's conviction for felony-murder was supported by sufficient evidence and was not against the manifest weight of the evidence where the jury heard testimony and considered evidence that would allow it to find beyond a reasonable doubt that the defendant caused the victim serious physical harm that proximately caused her death by his overt actions or failure to act.