State v. Miller

Citations

• 2021 Ohio 2924

Syllabus

R.C. 2945.71 speedy trial act mistrial recusal manifest weight of the evidence sufficiency of the evidence lesser included offense. Appellant could not show that the trial court erred in denying appellant's motion to dismiss based on Ohio's Speedy Trial Act and the constitutional right to a speedy trial. The trial court did not abuse its discretion in finding that the emotional outburst did not warrant declaring a mistrial. Appellant also failed to show that counsel was ineffective below in not moving for a mistrial based on questions asked by the prosecuting attorney. This court has no jurisdiction over recusal. The court finds that appellant's convictions are supported by sufficient evidence and are not against the manifest weight of the evidence. Finally, the trial court did not abuse its discretion in denying appellant's request for a lesser included offense instruction for reckless homicide.