State v. Henderson

Citations

• 2020 Ohio 6

Syllabus

Appellant was found guilty by a jury of two counts of rape and single counts of kidnapping, aggravated burglary (physical harm), aggravated burglary (deadly weapon), tampering with evidence, and obstructing official business. After merger of certain counts, he was sentenced to an aggregate 30-year prison term. The trial court did not err by overruling appellant's motion to suppress the victim's show-up identification. The trial court did not commit plain error by certifying a witness as an expert in the presence of the jury. The jury's verdict was not against the manifest weight of the evidence. Any error resulting from conducting a juror interview outside the presence of appellant and counsel was harmless. The trial court's ultimate decision to dismiss the juror was not an abuse of discretion, and, further, appellant has not demonstrated prejudice as a result of the dismissal. Finally, it cannot be found by clear and convincing evidence that the record does not support the trial court's imposition of consecutive sentences. Judgment affirmed. (Donovan, J., dissenting.)