State v. Marcum

Citations

• 2018 Ohio 1009
• 109 N.E.3d 1

Syllabus

State proved defendant's identity in robberies where several witnesses identified the defendant as the person depicted in security camera footage by their familiarity with his appearance, gait, and mannerisms. Trial court properly found that police could reasonably rely on defendant's wife's apparent authority to consent to search the defendant's home where they understood the wife left the home temporarily because of an argument, wife left her possessions at the home, and wife knew how to enter home despite not having a key. Error to admit evidence of other bad acts. However, the error did not raise to the level of plain error because the testimony was brief, not focused on by the parties, and substantial other evidence in the record supported the defendant's convictions. Counsel was not ineffective for failing to object to the improper evidence.