State v. Blevins

Citations

• 2019 Ohio 2744

Syllabus

CRIMINAL-EVIDENCE OF PRIOR CALCULATION AND DESIGN-VOLUNTARY MANSLAUGHTER JURY INSTRUCTION-RIGHT TO BE PRESENT AT ALL CRITICAL STAGES-JURY QUESTIONS-INEFFECTIVE ASSISTANCE - Appellant's aggravated murder conviction, including the jury's finding of prior calculation and design, was supported by sufficient evidence. Appellant could not demonstrate that the was prejudiced by the trial court's alleged error with regard to the voluntary manslaughter jury instruction. Trial court's provision of written answers to written questions from the jury cannot be considered a critical state of the proceedings to which Appellant had statutory and constitutional rights to be present. While counsel's open-ended question to a lead detective was deficient performance, it did not rise to the level of prejudice as set forth in Strictland v. Washington. Despite Appellant's age as a mitigating factor, we find Appellant's life prison term is supported by the record and is not clearly and convincingly contrary to law.