State v. Miller

Citations

• 2022 Ohio 213

Syllabus

The trial court did not err in ruling on the admissibility of evidence. Appellant cannot challenge the trial court's tentative pretrial ruling on a motion in limine, and appellant failed to seek admission of the disputed evidence at trial. The trial court's personal opinion about a jury instruction on reasonable doubt did not deprive appellant of a fair trial. Defense counsel's failure to request a jury instruction on aggravated assault did not constitute ineffective assistance where the evidence did not support the instruction. Three comments made by the prosecutor were not improper and did not constitute prosecutorial misconduct. Appellant's convictions for murder and felonious assault were not against the manifest weight of the evidence. Judgment affirmed.