State v. Gardner

Citations

• 2023 Ohio 307

Syllabus

Murder felonious assault complicity jail calls sufficiency of evidence manifest weight of evidence Evid.R. 801(D)(2) ineffective assistance of counsel. Appellant's conviction for murder and felonious assault were supported by sufficient evidence and were not against the weight of evidence. The evidence demonstrated that appellant was complicitous in procuring two males to assault the victim. The appellant stayed on the scene while the assault occurred and left with the two men when it was over. The victim died as a result of the injuries he suffered during the assault. Recorded jail calls were properly admitted under Evid.R. 801(D)(2). Counsel was not ineffective for failing to object to the calls.