State v. Jarmon

Citations

• 2022 Ohio 2327

Syllabus

A conviction is not contrary to the manifest weight of the evidence where strong circumstantial evidence is presented that the defendant committed the charged offense. An appellant fails to establish a claim of ineffective assistance of trial counsel with respect to a motion to suppress where the claim is based on meritless potential arguments that counsel could have made in the motion. An appellant also fails to establish a claim that is based on counsel's decision not to object to unprejudicial trial testimony or counsel's decision not to cross-examine a forensic scientist on certain aspects of DNA testing where no prejudice is shown. An appellant fails to establish a claim of ineffective assistance that is based on trial counsel's decision not to investigate certain mitigating factors for sentencing purposes where the record does not indicate that counsel had a duty to investigate. Lastly, a claim of ineffective assistance fails that is based on counsel's decision not to object to the constitutionality of the Reagan Tokes Law if the reviewing court has consistently upheld the law's constitutionality. There is no due process violation where a defendant does not stand before a jury while dressed in identifiable jail clothing or does not object to what the defendant is wearing. The Reagan Tokes Law does not violate the separation-of-powers doctrine or due process. A trial court's statement that it is not punishing a defendant for exercising the defendant's right to trial unequivocally dispels any inference that the court is doing so. A prison term is not contrary to law if it is within the statutory range for the offense and the sentencing court has considered R.C. 2929.11 and 2929.12. A trial court's findings under the consecutive-sentence statute will not be disturbed if they are supported by the record.