State v. Robinson

Citations

• 2022 Ohio 1940

Syllabus

Crim.R. 29 motion sufficiency of the evidence forgery by uttering R.C. 2913.31(A)(3) theft R.C. 2913.02(A)(3) endorsement of a check circumstantial evidence motion for mistrial substantial rights are adversely or materially affected reference to constitutional right to remain silent curative instruction overwhelming evidence of guilt admission of evidence exclusion of prior convictions misleading the jury prosecutorial misconduct plain error cumulative error. The trial court properly denied defendant's Crim.R. 29 motion where the state presented sufficient evidence that defendant committed forgery by uttering and theft. The trial court provided a curative instruction after the assistant prosecuting attorney erroneously referenced defendant's right to remain silent at trial. Defendant's subsequent motion for mistrial was correctly denied since the record showed the statement could be ignored and serious prejudice was not likely to occur.