State v. Byrd

Citations

• 2024 Ohio 2134

Syllabus

CRIMINAL – Evidence of prior calculation and design survives sufficiency and manifest weight challenges where Appellant employs getaway car parked out of range of surveillance cameras at the scene of the crime and has clear opportunity to deliberate before shooting the victim. Claims of ineffective assistance of counsel predicated upon evidence outside the record will not be considered on direct appeal. Failure to request instruction of lesser-included offense may constitute trial strategy. Flight instruction vests sole discretion in jury to consider the alleged evidence in determining guilt.