State v. Claytor

Citations

• 2022 Ohio 1938

Syllabus

Aggravated murder prior calculation and design Taylor factors murder self-defense aggravated robbery theft offense simultaneity of offenses R.C. 2911.01(A)(3) sufficient evidence manifest weight of the evidence motion to suppress Franks hearing prosecutorial misconduct. Judgment affirmed. There is sufficient evidence to sustain defendant's convictions and his convictions are not against the manifest weight of the evidence. The defendant and victim knew each other and their relationship was strained. The two of them engaged in bank and unemployment scams. The defendant and victim exchanged death threats over the unemployment scam. The victim told the defendant that he was upset and coming to his house. The defendant drove past the victim and chose to confront the victim instead of driving away. The defendant then shot the victim five times. A plain reading of R.C. 2911.01(A)(3) reveals that the theft offense does not have to occur simultaneous to the serious physical harm. Defendant's motion to suppress was properly denied. Defense counsel elected not to request a Franks hearing and the search warrant was facially valid. The self-defense instruction is inapplicable to the case because the defendant created the situation giving rise to the affray, and the state did not commit prosecutorial misconduct.