State v. Salti

Citations

• 2019 Ohio 149

Syllabus

Sever multiple counts Crim.R. 8(A) Crim.R. 14 Evid.R. 404(B) modus operandi \other acts\ evidence ineffective assistance of counsel relevant evidence unfair prejudice probative value hearsay voir dire cumulative error sufficient evidence manifest weight of the evidence. Trial court's failure to sever multiple counts against eight victims was not plain error where the evidence related to the counts was simple and direct, and the evidence related to the separate counts would have been admissible at the different trials if the counts had been tried separately. Trial counsel was not ineffective for failing to seek a severance of multiple counts, objecting to evidence or making a more substantial argument in support of a motion for acquittal where the outcome of the trial would not have changed even if counsel had done these things. Since the only error identified on appeal related to a harmless error, the cumulative error doctrine was inapplicable. Four counts of extortion relative to four victims were not supported by sufficient evidence where there was no evidence that the defendant threatened to expose material that would subject the victims to ridicule, hatred, contempt, or loss of reputation to induce them to commit an unlawful act. There was also insufficient evidence of a furthermore finding that a victim was under 18 years old at the time of a kidnapping offense. The remaining convictions were supported by sufficient evidence and by the manifest weight of the evidence.