State v. Fluker

Citations

• 2026 Ohio 1278

Syllabus

Sufficiency of the evidence; manifest weight of the evidence; burglary; force; menacing by stalking; intimidation; unlawful threat of harm; ineffective assistance of counsel; joinder; Crim.R. 8(A); jury instructions; curative instructions; hearsay; state-of-mind exceptions; Evid.R. 803(3); constitutional speedy trial; statutory speedy trial; mistrial. The evidence presented at trial was sufficient to support appellant's convictions for burglary, menacing by stalking, and intimidation. Appellant's convictions for burglary, menacing by stalking, and intimidation were not against the manifest weight of the evidence. The trial court did not err in joining appellant's cases together for the purposes of trial because the evidence supporting appellant's convictions would have been admitted in each trial if tried separately. The error in the jury instructions concerning the date of appellant's prior convictions was corrected by the court, and the jury was advised of the correct date; therefore, there was no prejudice. The trial court did err in instructing the jury to determine whether appellant used a deadly weapon in a manner calculated to destroy life since there was nothing in the record to support this instruction, but the error was harmless. The trial court did not err in admitting jail calls made by the appellant while incarcerated because they were permitted to demonstrate consciousness of guilt. The trial court did err in allowing an officer to testify as to why the victim in this case was scared of appellant, but that error was harmless since the victim testified at trial and appellant had an opportunity to cross-examine her. Appellant was not denied effective assistance of counsel because his trial counsel was not required to file a motion to dismiss on speedy-trial grounds when speedy trial had not yet run. Counsel was also not ineffective for choosing not to move for a mistrial.