State v. Buckner

Citations

• 2024 Ohio 2615

Syllabus

CRIM.R. 16(I) FAILURE TO DISCLOSE WITNESS CRIM.R. 29(A) SUFFICIENCY OF THE EVIDENCE. The trial court did not abuse its discretion by allowing an undisclosed witness to testify. Even though the state failed to disclose the witness's name and address on its witness list, the trial court's decision to allow the undisclosed witness to testify at trial was not unreasonable, arbitrary, or unconscionable. The defendant-appellant's conviction for menacing is based on insufficient evidence because the state failed to present any evidence to establish the fear-of-physical-harm element. As to the defendant-appellant's conviction for improper use of a 911 system, the state presented sufficient evidence for the jury to conclude that the defendant-appellant knowingly called 911 for a purpose other than obtaining emergency service.