State v. Mosley

Citations

• 2025 Ohio 4448

Syllabus

RAPE — MURDER — INTIMIDATION — EVIDENCE — MANIFEST WEIGHT — INEFFECTIVE ASSISTANCE OF COUNSEL — DISCOVERY — CONSECUTIVE SENTENCES: The convictions for rape, conspiracy to commit murder, and intimidation were not contrary to the weight of the evidence where the jury believed the testimony of the State's witnesses and did not believe defendant's testimony, and the credibility of the witnesses is a determination for the trier of fact. Defendant did not establish that trial counsel provided ineffective assistance where counsel, after consultation with defendant, made a strategic decision to not oppose the consolidation of the indictments for trial. The trial court did not abuse its discretion in admitting the 911 call that was not disclosed until trial and allowing defendant a continuance to review the evidence where the discovery violation was not willful, the 911 call corroborated events, and the 911 caller testified at trial. The record supported consecutive sentences where the trial court considered defendant's criminal history and his risk of future offenses, the need to protect the community, and the nature and circumstances of the offenses, including that defendant committed one or more of the offenses while awaiting trial.