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State v. Jackson

Citations

  • 208 N.E.3d 1010
  • 2023 Ohio 455

Syllabus

Rape voir dire prosecutorial misconduct sufficiency manifest weight ineffective assistance of counsel lesser included offense instruction jury instruction Reagan Tokes. Prosecutor did not engage in prosecutorial misconduct during voir dire when it asked jurors about their understanding of the phrase \no means no\ in a rape trial. Prosecutor did not engage in prosecutorial misconduct when it used the term \victim\ and \survivor\ to refer to the complaining witnesses in rape investigations generally and to the complaining witness in this case. Trial court did not abuse its discretion in denying defendant's request for new counsel on the day of trial. Defendant's rape and domestic violence convictions were supported sufficient evidence and were not against the manifest weight of the evidence. Defendant was not denied the effective assistance of counsel even though his trial counsel failed to request a lesser-included offense instruction. Indefinite sentence under the Reagan Tokes Law was constitutional, but was also contrary to law because the court failed to comply with the notification requirements set forth in R.C. 2929.19(B)(2)(c).

Judges: E.T. Gallagher

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