State v. Lancaster

Citations

• 2018 Ohio 315
• 104 N.E.3d 951

Syllabus

The trial court did not err in overruling Michael Lancaster's motion to suppress, since he was not in custody and entitled to Miranda warnings when he spoke to law enforcement. The trial court did not abuse its discretion when it allowed the State to re-open its case to confirm venue. Michael Lancaster was not denied effective assistance of counsel based upon counsel's failure to call any expert witnesses, ineffective cross-examination, deferral of his opening statement, or failure to request a competency hearing for the victim. Defense counsel failed to renew his Crim.R. 29 motion for acquittal at the close of all the evidence, and plain error is not demonstrated. Michael Lancaster's convictions for rape, gross sexual imposition, and use of a minor in nudity-oriented material are not against the manifest weight of the evidence. Michael Lancaster did not object to his convictions at sentencing, thus his allied offenses claim on appeal is waived but for plain error. Furthermore, since Michael Lancaster's offenses of rape and gross sexual imposition were committed separately, the court properly sentenced Michael Lancaster to consecutive sentences. Judgment affirmed.