State v. Lester

Citations

• 2018 Ohio 3041

Syllabus

Sufficiency of the evidence accomplice liability manifest weight of the evidence fruit of unconstitutional seizure confrontation clause ineffective assistance of counsel. Judgment affirmed. The state presented sufficient evidence to convict defendant on accomplice liability grounds even though codefendants were not convicted of same crimes because it is not required that the person with whom the accused was in complicity with has to be convicted as a principal offender. Defendant's convictions are not against the manifest weight of the evidence. Defense counsel was not ineffective for not moving to suppress the gun because defendant was not under arrest at the time the officer discovered the gun. Defendant was not denied his right to confrontation when defense counsel did not object to expert's testimony, which was based on test results performed by someone else. Out of court statements that are related by the expert solely for the purpose of explaining the assumptions on which that opinion rests are not offered for their truth and, thus, fall outside the scope of the Confrontation Clause.