State v. Brunson

Citations

• 2020 Ohio 5078

Syllabus

Aggravated murder aggravated robbery kidnapping aggravated burglary felonious assault having weapons while under disability right to a public trial partial closure right to be present right to confrontation attorney-client privilege opinion testimony abuse of discretion harmless error hearsay Evid.R. 801(D)(2)(e) joinder severance Crim.R. 8 Crim.R. 14 plain error phone records ineffective assistance of counsel mitigation right to remain silent sentence cumulative error. The removal of defendant's family member from the courtroom following disruptive behavior did not violate the defendant's right to a public trial. Defendant's absence from a conversation regarding the disturbance did not violate his right to be present at all stages of the proceedings. The trial court did not abuse its discretion in concluding that statements made by an alleged coconspirator and state's witness to his attorney were protected by attorney-client privilege and therefore not subject to cross-examination. Testimony as to defendant's identity as a suspect identified in surveillance footage was harmless error. The trial court did not abuse its discretion in admitting statements made in furtherance of conspiracy pursuant to Evid.R. 801(D)(2)(e) or cell phone records. The joinder of defendant's trial to that of his codefendants was not plain error. Defendant did not receive ineffective assistance of counsel. The court considered defendant's lack of remorse and did not use his silence against him during sentencing.