State v. Brunner

Citations

• 2019 Ohio 3410

Syllabus

CRIMINAL-ROBBERY-FORCE-PROSECUTORIAL MISCONDUCT-PERJURY-MAXIMUM SENTENCE-TRIAL TAX-INEFFECTIVE ASSISTANCE-JURY INSTRUCTIONS - Prosecutor's request that trial court instruct defense witness on perjury in presence of jury did not rise to the level of prosecutorial misconduct or constitute reversible error in absence of evidence witness intimidation occurred as a result of the instruction. Force element of robbery was proven beyond a reasonable doubt where victim testified he complied with Appellant's demand for cash out of fear and based upon an assumption Appellant possessed a weapon. Trial court's imposition of maximum sentence did not amount to trial tax in absence of statements by the trial court indicating anger or frustration Appellant elected to go to trial. Defense counsel's failure to request jury instruction on eyewitness identification did not constitute deficient performance where the record did not support a request for the instruction and wehre defense counsel specifically cross-examined the witness on his identification of Appellant.