State v. Brown

Citations

• 244 N.E.3d 742
• 2024 Ohio 2148

Syllabus

CRIMINAL MISCELLANEOUS – INEFFECTIVE ASSISTANCE OF COUNSEL – EVIDENCE – SUFFICIENCY – MANIFEST WEIGHT: The trial court did not err by receiving defendant's testimony while he was handcuffed because the case was tried to the court, and the record did not show that defendant was prejudiced by the restraints. Defense counsel was not ineffective for failing to object to the restraints because defendant was not prejudiced by the restraints. Defense counsel was not ineffective for failing to request a continuance after learning the victim conducted her own investigation because the decision to cross-examine the victim instead of seeking a continuance was a strategic decision that cannot form the basis of a claim for ineffective assistance of counsel. Defendant's convictions were not against the weight of the evidence where the evidence established that the victims identified defendant as the perpetrator, and the factfinder found the testimony of the victims to be credible.