State v. Linder

Citations

• 2018 Ohio 3951

Syllabus

Ineffective assistance of counsel motion to suppress Crim.R. 29/motion for acquittal sufficiency manifest weight allied offenses speedy trial. Although appellant's testimony opened the door to raise questions about his criminal past, appellant otherwise failed to show that the outcome of the trial would have been different the detective's testimony was proper where he did not testify to the credibility of any of the witnesses, and his rebuttal testimony was solely for the purpose of refuting evidence presented by the defense appellant presented nothing definitive as to what a witness would have testified to had she been subpoenaed. Appellant has failed to show that his trial counsel was ineffective. Suppression testimony and review of the police interrogation tape supported the trial court's denial of appellant's motion to suppress. Evidence that a violent and prolonged confrontation occurred and the medical condition of the victim was sufficient to sustain appellant's attempted murder and felonious assault convictions, and those convictions were not against the manifest weight of the evidence. Where the physical assault of the victim ended and the kidnapping of the victim began, two separate offenses occurred and for merger purposes were not allied offenses. Appellant failed to show that his statutory of constitutional speedy trial rights were violated. The trial court did not err in denying appellant's motion to dismiss.