State v. Kennedy

Citations

• 2026 Ohio 2203

Syllabus

Appellant's conviction for murder is not against the manifest weight of the evidence because the State disproved appellant's self-defense claim beyond a reasonable doubt. Appellant created the violent situation, and he was not acting out of a legitimate fear of imminent death or serious bodily harm when he stabbed the victim. The trial court did not abuse its discretion in allowing evidence of appellant's possession of drugs at the time of the offense when the issue of whether appellant was under the influence of drugs was relevant to appellant's self-defense claim. Trial counsel was not ineffective for declining to seek a voluntary manslaughter jury instruction where it was trial strategy and no evidence of serious provocation supported giving the instruction. The trial court did not abuse its discretion in denying appellant's motion for a mistrial based on statements made by the prosecutor during rebuttal closing argument. No cumulative errors denied appellant the right to a fair trial. The trial court was not required to consider appellant's present or future ability to pay when it imposed court costs. Judgment affirmed.