State v. Mallory

Citations

• 199 N.E.3d 104
• 2022 Ohio 3667

Syllabus

Sufficient manifest weight evidence enhancement alternative means unanimous verdict plain error reasonable doubt Reagan Tokes Law constitutional postrelease control new trial double jeopardy ineffective assistance prejudice deficient performance. Defendant's convictions were supported by sufficient evidence, however, the state failed to prove the furthermore clause attached to the domestic violence offense for the purposes of enhancing the conviction to a felony. The failure to ensure a unanimous verdict on the involuntary manslaughter offense was not plain error. The convictions are not against the manifest weight of the evidence. Defense counsel was not ineffective for broadly challenging the evidence during his Crim.R. 29 motion for acquittal. The trial court erred by failing to apply the amended version of R.C. 2967.28(B)(2) when imposing postrelease control. Under the prevailing jurisprudence, the Reagan Tokes Law is constitutional and does not violate the separation-of-powers doctrine, or the defendant's right to a jury trial or due process law.