State v. Krieger

Citations

• 2025 Ohio 5063

Syllabus

The trial court did not err by failing to suppress statements appellant made to law enforcement officers where appellant's Miranda rights were not violated and where appellant knowingly, intelligently, and voluntarily waived those rights. The trial court's failure to instruct the jury on the defense of accident with regard to appellant's felony murder and felonious assault charges was harmless error given that appellant was acquitted of those charges. Appellant's claim that his trial counsel provided ineffective assistance by choosing to have the jury instructed on the lesser-included offense of involuntary manslaughter as opposed to the defense of accident lacks merit because that decision was a matter of trial strategy that cannot form the basis of an ineffective assistance claim. Appellant's conviction for involuntary manslaughter was supported by sufficient evidence and was not against the manifest weight of the evidence. Lastly, the trial court did not err by failing to merge appellant's involuntary manslaughter and having weapons while under disability offenses at sentencing. Judgment affirmed.