State v. Radabaugh

Citations

• 2024 Ohio 5640

Syllabus

Duplicity; Jury Unanimity; Aggravated Murder; Aggravated Robbery; R.C. 2911.01(A)(3); Tampering with Evidence; R.C. 2921.12(A)(1); Court's Witnesses; Evid.R. 614; Ineffective Assistance of Counsel; Gruesome Photos; Sentencing Notifications; Fines; Court-Appointed-Counsel Fees; Restitution. Defendant-appellant did not establish he was entitled to plain-error relief regarding alleged duplicity concerning the aggravated robbery counts. The trial court did not err in granting the State's motion to call witnesses as court witnesses pursuant to Evid.R. 614. Defendant-appellant did not establish ineffective assistance of counsel. Defendant-appellant's convictions for aggravated robbery and tampering with evidence were supported by legally-sufficient evidence. Defendant-appellant did not establish he was entitled to plain-error relief regarding admission of allegedly gruesome photographs of the crime scene. The trial court was not required to consider defendant-appellant's ability to pay before ordering restitution. The trial court abused its discretion in imposing court-appointed-counsel fees. The trial court did not provide all required notifications during sentencing with respect to one of defendant-appellant's convictions and, therefore, defendant-appellant must be resentenced on that offense only.