State v. Brooks

Citations

• 2023 Ohio 846

Syllabus

JURY WAIVER – EVIDENCE – MANIFEST WEIGHT – SUFFICIENCY: Defendant knowingly, voluntarily, and intelligently waived his constitutional right to a jury trial where the record reflects that defendant waived his right to a jury trial prior to trial, signed the jury-waiver form, engaged in a colloquy with the court, and reaffirmed, in open court, that he understood his right to a jury trial and voluntarily waived it, and the written waiver was promptly journalized once the court discovered the waiver had not been journalized before the start of the trial. Defendant's convictions for felonious assault and improperly discharging a firearm into a habitation were supported by sufficient evidence and not against the weight of the evidence where the factfinder found the victims' testimony established that defendant fired the gun at the home where they were standing and the factfinder found the victims' testimony to be more credible than defendant's alibi testimony.