State v. Estill

Citations

• 2026 Ohio 2101

Syllabus

OTHER ACTS — EVID.R. 404(B) — HEARSAY — EVID.R. 1003 — BEST EVIDENCE RULE — INEFFECTIVE ASSISTANCE OF COUNSEL — SUFFICIENCY — MANIFEST WEIGHT — TELECOMMUNICATIONS HARASSMENT: The trial court did not plainly err in admitting \other acts\ testimony where there was no evidence in the record that the State's failure to provide notice pursuant to Evid.R. 404(b) was in bad faith. The trial court did not plainly err in admitting hearsay evidence where the record did not affirmatively disclose that the trial court considered the evidence in reaching its verdict. The trial court did not abuse its discretion in admitting photographs of a screenshot of text messages pursuant to Evid.R. 1003 where the photographs were duplicates under the best evidence rule and there was no genuine question as to the authenticity of the originals. Defendant did not meet her burden to prove ineffective assistance of counsel where she did not show a reasonable probability that counsel's failure to object to hearsay and \other acts\ evidence affected the outcome of the trial. Defendant's conviction for telecommunications harassment was supported by sufficient evidence and not contrary to the manifest weight of the evidence where, although the victim did not recognize the phone number from which the harassing messages were sent, the messages were similar to those defendant previously sent via Facebook before the victim blocked defendant; where an online record search of a law enforcement reporting agency connected defendant to the number from which the messages were sent; and where defendant sent multiple messages which made the victim fear for her safety and that of her unborn child.