State v. Scarton

Citations

• 2021 Ohio 7

Syllabus

App.R. 26(B), ineffective assistance of trial counsel, ineffective assistance of appellate counsel, murder, vehicular homicide, trial strategy, appellate strategy, professional judgment, and jury instructions. The jury convicted appellant of murder for running over a person with her car during a violent altercation. Appellate counsel was not ineffective for not arguing vehicular homicide, when precedent exists for the principle that vehicular homicide is not a lesser included offense of murder. Instead, he argued in the exercise of professional judgment, inter alia, insufficiency of the evidence, manifest weight of the evidence, and the failure to instruct on accident.