State v. Marshall

Citations

• 2021 Ohio 816

Syllabus

EXCULPATORY EVIDENCE – CRIM.R. 16 – COUNSEL – EVIDENCE—SUFFICIENCY – MANIFEST WEIGHT – DRUGS – WEAPONS UNDER DISABILITY – SENTENCING: There was no Brady violation where the potentially exculpatory information was provided to defendant prior to trial and defendant had the opportunity to use the information at trial. The prosecution violated Crim.R. 16 where it disclosed to defendant the police officer's notes from his interview with defendant two hours before trial was set to begin nevertheless, the trial court did not err in denying defendant's motion for a mistrial where the violation was not willful and defendant was not prejudiced by the late disclosure. Defendant failed to demonstrate that he received ineffective assistance of counsel where he could not show that he was prejudiced by counsel's failure to request a continuance or file a motion to suppress statements he made during his interview with law enforcement officers. Defendant's convictions were based upon sufficient evidence and not against the manifest weight of the evidence where 4he admitted possession of the drugs and firearm, the drugs were discovered near defendant's person at the time of his arrest and were packaged in a manner consistent with trafficking, and $900 in cash, two cell phones, and the firearm were discovered on defendant's person and in his car. The trial court erred where it failed during the sentencing hearing to make one of the three findings required by R.C. 2929.14(C)(4) for imposing consecutive sentences and the cause must be remanded for a new sentencing hearing on that issue.