State v. Rhoades

Citations

• 2020 Ohio 2688

Syllabus

Trial court did not err by joining multiple offenses of violating a civil protection order for trial because the evidence regarding each offense was simple and direct the fact that the jury convicted on one offense and could not reach a verdict on the other demonstrated it was capable of distinguishing between the evidence as to each offense. Claim of judicial bias was not raised before the proper court because appellant did not file an affidavit of disqualification of the trial judge. Evidence was sufficient to sustain the conviction and the conviction was not against the manifest weight of the evidence where evidence at trial established there was a valid protection order requiring appellant to remain 500 feet away from the protected person or any place she was likely to be and there was testimony that appellant was seen at a stop sign on the street where the protected person's residence was located, less than 500 feet away. Copy of a grocery store receipt purporting to show appellant was not at the claimed location at the alleged time was not admissible under the business record exception to the hearsay rule when appellant could not present the custodian of records or other qualified witness to testify about creation of the receipt. Ineffective assistance of counsel claim relying on matters outside the record was not appropriate on direct appeal.