State v. Lash

Citations

• 2017 Ohio 4065

Syllabus

Aggravated murder excited utterance prior calculation and design sufficiency of evidence manifest weight prosecutorial misconduct. Appellant's conviction of aggravated murder is affirmed. A declarant's statement about the shooter made on the same night of the shooting was admissible as excited utterance under Evid.R. 803(2). The circumstances surrounding the murder show that appellant, after shooting the victim several times and wounding him, shot him several more times in close range to ensure his death. The cold-blooded, execution-style manner of killing allowed the jury to infer a prior calculation and design.