State v. Elkhabiry

Citations

• 2025 Ohio 1028

Syllabus

Appellant's convictions for aggravated murder and having a weapon while under disability, both with accompanying firearm specifications, were not against the manifest weight of the evidence, nor were they based on legally insufficient evidence, where appellant was found hiding in the trunk of his girlfriend's car with the murder weapon minutes after a shooting. Appellant's right to confront witnesses under the Confrontation Clause of the United States Constitution and the Ohio Constitution was not violated by the state's failure to produce the witnesses heard on the video recordings of law enforcement officers' body-worn cameras because their statements, made minutes after the shooting, had the primary purpose of assisting the officers during an ongoing emergency and were therefore nontestimonial in nature. Judgment affirmed.