State v. Nichols

Citations

• 2020 Ohio 4362

Syllabus

The trial court did not abuse its discretion when it denied appellant's motion for mistrial based on the prosecutor's alleged misconduct in making certain remarks during closing arguments. Appellant failed to show the remarks complained of were improper and, even if any of them were improper, the trial court instructed the jury that the evidence does not include the indictment or opening statements or closing arguments of counsel. Therefore, it is presumed that the jurors followed these instructions and the verdict was not based on the content of the closing arguments. Furthermore, appellant's conviction was supported by sufficient evidence and was not against the manifest weight of the evidence. Finally, the five separate offenses for which appellant was convicted each has different import and significance of harm, and the trial court did not err when it determined that none of them should merge for purposes of sentencing. Judgment affirmed.