State v. Nicholson

Citations

• 2022 Ohio 2037

Syllabus

Mandatory transfer R.C. 2152.12 probable cause more than a mere suspicion of guilt Batson challenge peremptory challenge racially discriminatory manner Crim.R. 30(A) Crim.R. 52(B) alleged defective jury instruction plain error Crim.R. 29(A) motion for acquittal sufficiency of the evidence manifest weight of the evidence reverse bindover R.C. 2152.121(B)(3) amenability determination R.C. 2152.12(D)-(E) factors Reagan Tokes Law. Juvenile court did not err in granting state's motion for mandatory transfer to general division pursuant to R.C. 2152.12(A)(1)(a)(i). State presented sufficient credible evidence, amounting to more than a mere suspicion of guilt, to support juvenile court's finding that there was probable cause to believe that appellant committed acts that would constitute attempted murder as charged in juvenile court complaint. Trial court's decision overruling Batson challenge to state's exercise of peremptory challenge to excuse prospective African American juror was not clearly erroneous state indicated that it excused prospective juror due to a recent carrying-a-concealed-weapon charge, the prospective juror's statement that he knowingly disregarded the concealed carry law, the number of firearm offenses in the case and the prospective juror's conduct while the prosecutor was talking, which the trial court observed. No reversible error based on admission of comments by codefendant relating to codefendant's involvement in an unrelated homicide case where comments made no mention of appellant, trial court gave curative instruction drafted by appellant's counsel and no prejudice was shown. Trial court did not commit plain error in referencing uncharged offenses in jury instruction relating to participating in a criminal gang appellant did not show that alleged defective jury instruction affected jury's verdict. State failed to present sufficient evidence for a reasonable jury to find appellant guilty of one count of failure to comply where witnesses could n