State v. Makin

Citations

• 2017 Ohio 2649

Syllabus

R.C. 2941.1410 major drug offender specification aggregation of transactions Crim.R. 16(D) R.C. 2923.03(D) jury instructions confidential informant accomplice and prior convictions credibility prosecutorial misconduct ineffective assistance of counsel manifest weight and sufficiency of the evidence race based jury challenge. The jury verdict was not against the manifest weight or sufficiency of the evidence. The trial court's instructions to the jury regarding confidential informants, accomplices, and prior convictions credibility did not constitute plain error and, as a result, counsel was not ineffective. Based on the language of R.C. 2941.1410, and the absence of clarification by the Ohio Supreme Court or the state legislature, the state may conduct several transactions over a period of time until sufficient contraband has accumulated to qualify for a major drug offender specification. The state's closing argument referring to the defense theory as laughable did not constitute prosecutorial misconduct. The trial court's determination to allow the removal of two minority jurors was not clearly erroneous as the trial court posed the appropriate inquiry, the state provided a race-neutral basis for removal, and six minorities remained on the panel.