State v. Hawkins

Citations

• 2021 Ohio 1484

Syllabus

Aggravated murder aggravated burglary prosecutorial misconduct mistrial substantial rights fair trial sufficiency manifest weight identification physical evidence credibility discrepancies eyewitness DNA evidence. Appellant's convictions for aggravated murder and aggravated burglary were affirmed. The trial court did not abuse its discretion in denying the motion for a mistrial claiming prosecutorial misconduct during closing argument when the state is permitted to comment upon a defendant's failure to offer evidence in support of its case, the prosecutor is permitted to respond to defense counsel's attacks on a witness's credibility, isolated comments are not to be viewed in isolation, and in the context of the entire trial, the comments did not prejudicially affect appellant's substantial rights or deprive him of a fair trial. There was credible, eyewitness testimony identifying appellant as the offender, and circumstantial evidence was introduced that implicated appellant in the crimes. The lack of physical evidence linking appellant to the scene of the crime and inconsistencies in witnesses' testimony did not render the convictions against the manifest weight of the evidence, and there was sufficient evidence to support the convictions.