State v. Hughkeith

Citations

• 212 N.E.3d 1147
• 2023 Ohio 1217

Syllabus

Self-defense jury view abuse of discretion plain error duty to retreat instruction prosecutorial misconduct judicial bias prejudice right to remain silent gatekeeper sufficient manifest weight persuasion. The trial court did not abuse its discretion by denying the defendant's request for a jury view. The defendant's convictions are supported by sufficient evidence and are not against the manifest weight of the evidence. Appellant was not denied the effective assistance of counsel. The trial court's jury instruction on the affirmative defense of self-defense was not inaccurate or otherwise misleading. The trial court did not display bias by instructing the defendant to refrain from testifying in the narrative on cross-examination. The state did not commit prosecutorial misconduct during its cross-examination of the defendant or during its closing remarks. The defendant waived his right to remain silent by knowingly and intelligently exercising his right to testify on his own behalf.