State v. Hundley

Citations

• 2018 Ohio 3566

Syllabus

Prearrest silence, Fifth Amendment to United States Constitution, Article I, Section 10, Ohio Constitution, manifest weight of the evidence, Evid.R. 609, effective assistance of counsel. Appellant's constitutional right to remain silent was not infringed by the state's reference during trial to appellant's prearrest silence because appellant was not in custody at the time, appellant testified at trial that opened the door to impeachment evidence, the trial court is presumed to consider only relevant, material, and competent evidence during the bench trial, and the record does not demonstrate that the allegedly unlawful testimony contributed to the conviction. Appellant's conviction was not against the manifest weight of the evidence where eyewitnesses testified appellant removed the firearm from his waist band, pointed, and fired and appellant admitted ownership and possession of the gun. Counsel was not ineffective in failing to impeach a witness under Evid.R. 609 where counsel was able to elicit testimony regarding the witness' criminal history and appellant could not demonstrate that, but for the error, the outcome of the trial would have been different.