State v. Davis

Citations

• 2026 Ohio 345

Syllabus

Ineffective assistance of counsel; lesser-included offense; reckless homicide; murder; Bruton; Confrontation Clause; hearsay; prosecutorial misconduct; joinder; severance; jury instructions; transferred intent; cumulative error; sufficiency of the evidence. Trial counsel was not ineffective even though he did not request a lesser-included offense instruction and did not object to out-of-court statements of the defendant's coconspirators where the evidence did not support the lesser-included offense instruction and the out-of-court statements were not hearsay and did not violate Bruton or the Confrontation Clause. The State did not engage in prosecutorial misconduct and because there were no errors, there was no cumulative error. There was sufficient evidence to support the jury's finding of accomplice liability.