State v. Ireland

Citations

• 2019 Ohio 1002

Syllabus

Pursuant to application of State v. Ireland, __ Ohio St.3d __, 2018-Ohio-4494, on remand from the Supreme Court of Ohio, the trial court did not err in instructing the jury that appellant's defense of blackout resulting from PTSD (or insanity-related defense) was an affirmative defense that appellant had to prove by preponderance of the evidence. Furthermore, the remaining assignments of error, not previously considered prior to remand, were decided. The trial court did not err in permitting certain remarks by the prosecutor ,even if improper, as those remarks did not prejudicially affect the substantial rights of appellant. The trial court did not err in omitting from the verbal jury instructions the term \unconscious\ as appellant did not argue that prejudice resulted therefrom and the term was included in the written instructions. The trial court did not commit plain error, when considering the context of the expert testimony, in permitting the expert to testify \the law requires.\ Finally, the trial court did not commit cumulative error. All assignments of error overruled. Judgment affirmed.