State v. Jones

Citations

• 2017 Ohio 1168

Syllabus

Trial court did not abuse its discretion by denying motion for new trial based on claims that the trial court misled the jury in its response to a question from the jury or by declining to continue trial so that appellant could secure the appearance of a witness. The trial court's response to the jury's question contained a correct statement of law and reiterated the applicable legal standard for the jury's consideration. Appellant failed to establish that he was prejudiced by his trial counsel's alleged ineffective assistance by failing to secure the testimony of a particular witness because appellant failed to show a reasonable probability that the outcome would have been different if that witness had testified. The trial court did not abuse its discretion by refusing to merge appellant's kidnapping and rape convictions.