State v. Perkins

Citations

• 2020 Ohio 3658

Syllabus

Ineffective assistance of counsel prejudicial joinder hearsay. Appellant fails to establish ineffective assistance of counsel based on trial counsel's failure to seek relief from prejudicial joinder where appellant articulates no basis to conclude that the joinder was prejudicial and merely refers to \apparent\ prejudice. Appellant fails to establish ineffective assistance of counsel claim based on failing to object to inadmissible hearsay where the testimony in question was not hearsay. An out-of-court statement is admissible to explain police conduct during an investigation and is not hearsay. There is no plain error in the joinder of defendants for trial where appellant fails to demonstrate plain error on the record. Citation to nonprejudicial statements in the record as well as unsupported assertions do not demonstrate plain error.