State v. Newberry

Citations

• 2023 Ohio 3623

Syllabus

Aggravated murder aggravated burglary kidnapping having weapons while under disability sufficiency of the evidence manifest weight of the evidence juror bias ineffective assistance of counsel cell-phone records authentication reliability Daubert defense counsel conflict of interest identification testimony burden of proof mistrial intrusion into attorney–client communications hearsay Confrontation Clause cumulative errors plain error. The defendant's convictions — for aggravated murder, aggravated burglary and kidnapping, among other things — were supported by sufficient evidence and were not against the manifest weight of the evidence. While the state's case was circumstantial, there was sufficient evidence for the jury to find that the defendant committed or was complicit in the kidnapping and murder of a man and his 14-year-old daughter. Cell-phone records were properly authenticated by a law-enforcement agent who testified in detail about how the telecommunications provider recorded information about interactions between cell phones and cell towers in the ordinary course of business. The records were obtained through a search warrant and the provider included a statement that the records were being provided pursuant to the warrant. The agent's testimony about the general location of cell phones, as recorded in these records, was appropriate lay testimony. While it was an unconscionable violation of the defendant's rights for the police to record confidential attorney–client communications following a police interview and for the state to retain those communications until trial, under the circumstances of the case there was no basis to suppress the entire police interview or dismiss the indictment in the middle of trial. It was not plain error for the trial court to sit a juror who reported that his estranged daughter had been friends with one of the victim's daughters and trial counsel was not ineffective for choosing not to inquire further or challenge the juro