State v. Lavender

Citations

• 2019 Ohio 5352

Syllabus

AGGRAVATED MURDER – EVIDENCE/WITNESS/TRIAL – EVID.R. 403 – EVID.R. 404(B) – COUNSEL – PROSECUTOR – SENTENCING – IDENTIFICATION – JUVENILE – AMENABILITY – CUMULATIVE ERROR: In an aggravated-murder case, the admission of a photograph showing defendant holding a weapon that looked like the type of weapon the state theorized was used in the case was proper. [But see DISSENT: The admission of a photograph of defendant pointing an unrelated gun at the camera and holding another gun that \might\ be like the one used in the crime violated Evid.R. 403.] Text messages sent by defendant over a period of months demonstrating an increasing need for money were admissible under Evid.R. 404(B) to show defendant's motive to obtain money by committing a murder for hire where the trial court repeatedly instructed the jury that it was to consider the evidence only for that limited purpose. [See CONCURRENCE: Some of the text messages relating to shootings and past robberies did not fit within Evid.R. 404(B), but there was no prejudice in light of the other evidence of guilt presented at trial.] [But see DISSENT: The admission of the text messages was improper as many of them had nothing to do with motive, but referred to past crimes and contemplated crimes, and the evidence supporting defendant's conviction otherwise was not strong enough to deem the error harmless.]