State v. Lee

Citations

• 2021 Ohio 2925

Syllabus

App.R. 26(B) application for reopening, manifest weight, sufficiency of the evidence, attorney-client conflict, structural error, severance of counts for trial, prejudicial testimony, autopsy photographs, flight jury instruction, self-defense jury instruction, and proposed assignments of error not argued. The applicant has failed to establish that he was prejudiced by the failure of appellate counsel to argue nine proposed assignments of error on appeal that include the issues of denial of request for new trial counsel, severance of counts for trial, exclusion of testimony, testimony of police officer, autopsy photographs, flight instruction to jury, self-defense instruction to jury, manifest weight of the evidence, and sufficiency of the evidence. Finally, the failure of the appellant to present any cognizable argument regarding many of his proposed assignments of error results in the failure to demonstrate that his appellate counsel was deficient and that he was prejudiced by the alleged deficiency. Application for reopening is denied.