State v. Jamond Terry

Citations

• 248 N.E.3d 438
• 2024 Ohio 2876

Syllabus

CONFRONTATION CLAUSE — EVID.R. 403 — EVIDENCE — SUFFICIENCY — MANIFEST WEIGHT: The trial court did not admit a victim's testimony about the information he received from DoorDash, that someone had attempted to fraudulently use his credit card, in violation of defendant's right to confront witnesses against him where the record did not establish that the DoorDash statement was testimonial and, even if the statement was testimonial, the testimony was offered for the permissible nonhearsay purpose of explaining the victim's use of defendant's name in his search on Facebook, where he found photographs from which he and others identified defendant as the person involved in the crimes charged. The trial court did not commit plain error under Evid.R. 403(A) in admitting the testimony of a police officer that established that defendant was connected to an individual whose fingerprints were found on the cellphones recovered shortly after the phones were stolen. Defendant's convictions were not against the manifest weight of the evidence or based on insufficient evidence where evidence was presented that identified defendant as the person who committed the crimes charged and the jury was in the best position to determine the weight and the credibility of the evidence.