State v. Lindsey

Citations

• 2019 Ohio 782

Syllabus

Murder psychological evaluation R.C. 2945.37 disqualify counsel mistrial Crim.R. 16 harmless error prosecutorial misconduct closing arguments isolated comments prejudicial error suppress pretrial identification photo array unnecessarily suggestive media confidence statements Evid.R. 613 impeachment jury instructions sufficiency and manifest weight of the evidence circumstantial evidence. The defendant did not demonstrate sufficient indicia of incompetency to require a psychological evaluation and subsequent competency hearing. The trial court's denial of the defendant's motion to disqualify counsel was not unreasonable because the record supported that the day-of-trial request was made for the purpose of delay. The state's commission of a discovery violation for failing to timely disclose a witness did not warrant a mistrial because the testimony was cumulative. The prosecutor's isolated comments about credibility, when viewed in the context of the entire closing argument did not prejudice the defendant's substantial rights. Although the prosecutor's insinuation about misconduct by defense counsel was not appropriate, no demonstration of prejudice was shown. Trial court did not err in denying defendant's motion to suppress pretrial identifications because (1) the identifications were electronically recorded depicting the level of confidence (2) the witness made the identification based on who she remembered, not based on the media and (3) the photo array was not unnecessarily suggestive. The admission of the photo array was not admissible pursuant to Evid.R. 613, but its admission was harmless because the witness impeached his own credibility by his prior inconsistent testimony no limiting jury instruction regarding the exhibit was necessary. Defendant's convictions upheld where the direct and circumstantial evidence proved that the defendant was the shooter.