State v. Greene

Citations

• 250 N.E.3d 164
• 2024 Ohio 2804

Syllabus

Rape sexual battery felonious assault kidnapping gross sexual imposition disseminating matter harmful to juveniles plain error prejudicial statements to jury victims burden of proof beyond a reasonable doubt allied offenses merger jury instructions ineffective assistance of counsel. It was plain error for the trial court to have imposed sentence on certain kidnapping and sex offenses where those were clearly allied offenses of similar import. Sentences vacated and case remanded for resentencing. The remaining kidnapping convictions should not merge. The defendant's convictions were not against the manifest weight of the evidence. It was inadvisable for the trial court to attempt to expand upon the statutory definition of \reasonable doubt\ in its jury instructions but the defendant did not show prejudicial error when considering the instructions as a whole. There was substantial, credible evidence presented of the defendant's guilt and the trial court simply attempted to illustrate, by way of an example, what might constitute an important life decision and what proof might amount to proof beyond a reasonable doubt under those circumstances. The trial court's passing reference to the alleged victims as the \victims\ during voir dire was not prejudicial. The prosecutor's reference to the alleged victims as the \victims\ during trial is also not a basis to order a new trial. Where the defendant presented a complete defense, denying all sexual interactions with the alleged victims, it was not plain error for the trial court to decide not to instruct the jury on the elements of sexual battery as a lesser included offense. Trial counsel was not ineffective for failing to request such an instruction, as that was clearly a tactical decision