State v. Kirby

Citations

• 2020 Ohio 4005

Syllabus

The state's failure to preserve evidence did not amount to a violation of appellant's due process rights, therefore, it was not ineffective assistance of counsel where appellant's trial counsel did not raise the lost evidence issue. The trial court did not commit plain error regarding a limiting instruction because there was no deviation from a legal rule. Appellant's conviction for aggravated burglary was supported by sufficient evidence and not against the manifest weight of the evidence.