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State v. Fletcher

Citations

  • 2024 Ohio 5117

Syllabus

Appellant's convictions for gross abuse of a corpse and tampering with evidence were supported by sufficient evidence. The trial court did not abuse its discretion by permitting the State to present evidence pertaining to a related murder investigation. Defense counsel did not provide ineffective assistance by failing to request an aiding and abetting jury instruction, as such a decision was a matter of trial strategy, which cannot form the basis of an ineffective assistance claim. Judgment affirmed in Darke C.P. No. 22CR00244, but we instruct the trial court to file a nunc pro tunc entry properly identifying the offenses of which appellant was convicted. The trial court committed plain error by failing to instruct the jury on the essential element of recklessness at appellant's trial for endangering children. Judgment reversed in Darke C.P. No. 22CR00306 and remanded for a new trial.

Judges: Welbaum

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