State v. Debardeleben

Citations

• 2020 Ohio 661

Syllabus

R.C. 2903.041, reckless homicide, R.C. 2903.02(B), felony murder, R.C. 2903.11(A)(1), felonious assault, R.C. 2919.22(A), R.C. 2919.22(B)(1), and R.C. 2919.22(B)(2), endangering children, sufficiency of the evidence, manifest weight of the evidence, mistrial, cumulative errors, and prosecutorial misconduct. Appellant's convictions are supported by sufficient evidence and are not against the manifest weight of the evidence where the minor decedent was in the care, custody, and control of appellant at the time the fatal injuries were suffered. The trial court's refusal to declare a mistrial was not an abuse of discretion where the allegedly prejudicial outburst by spectators at the close of the day's proceedings was immediately addressed by the trial court and the trial court issued a corrective instructive promptly after the jury was seated the next morning. Appellant failed to demonstrate that the prosecutor's conduct deprived appellant of a fair trial. Cumulative error does not apply where the appellant's arguments do not constitute error.