State v. Campbell

Citations

• 2024 Ohio 1693

Syllabus

Shooting attempted murder self-defense Crim.R. 29 manifest weight of the evidence attempted murder felonious assault transferred intent authentication firearm specifications consecutive sentences. Judgment affirmed. The weight of the evidence supported the convictions. A self-defense claim is generally an issue of credibility and the jury's decision to believe the defendant's self-defense as to one victim but not the other victim was not incredible. Under the theory of transferred intent, the felonious assault convictions as to the remaining victims were supported by the weight of the evidence. The evidence demonstrates that those victims were innocent bystanders in the crosshairs of the defendant's line of firing. There was no plain error or ineffective assistance of counsel based on the court's failure to instruct the jury on the concept of transferred intent of self-defense. It is not definitively established in this district that the doctrine of transferred intent applies to self-defense claims. Therefore, such an instruction would have been inappropriate. The defendant's convictions were supported by sufficient evidence. In regard to one victim, the defendant told her he was shooting at her and would continue to do so. The defendant did continue to shoot at the victim even after she had dropped her weapon. In regard to the other two bystander victims, the evidence was sufficient to support the convictions against the defendant under the theory of transferred intent. Further, circumstantial evidence demonstrated venue. Statements made and injuries documented by a treating nurse did not have the primary purpose of being testimonial. Rather, they were made for the purpose of medical diagnosis and treatment. There was no violation of appellant's confrontation rights regarding the nurse's testimony and the admission of the medical records. A witness's testimony that she recognized the scene depicted in a video, recognized the person being videotaped, and that the vi