State v. McCoy

Citations

• 2019 Ohio 868

Syllabus

Kidnapping evidence inconsistent verdicts severance preindictment delay maximum sentence. That jury acquitted defendant of 13 counts and found him guilty of only one count does not mean that the guilty verdict is against the manifest weight of the evidence. Consistency in the verdict is not necessary because each count in an indictment is regarded as if it was a separate indictment. Sufficient evidence existed to prove that defendant terrorized the victim while he restrained her liberty by repeatedly assaulting her and smothering her into unconsciousness and humiliating her by denying her access to the bathroom and forcing her to remain in soiled clothing. Defendant failed to show actual prejudice resulting from preindictment delay because text messages showing why the argument occurred would not have justified the defendant's acts against the victim.