State v. Scott

Citations

• 2024 Ohio 975

Syllabus

Probable cause for bindover sufficiency and weight of the evidence hearsay juror misconduct opinion testimony ineffective assistance of counsel. Juvenile court did not err in binding over appellant to adult court where evidence established all elements of the crime and there was sufficient evidence to identify appellant as one of the perpetrators to meet the probable cause standard necessary for bindover. There was sufficient evidence to support appellant's convictions, where there was video of the entire incident and sufficient evidence identifying appellant as one of the suspects. Although mother denied identifying her son, there was sufficient circumstantial evidence that contradicted her testimony to show the state presented sufficient evidence as to all elements of the charges. However, the state failed to present sufficient evidence to support the conviction for having weapons while under disability where they introduced certified copies of the appellant's prior adjudications, which included his name, birth date, and physical description, but no one in the state's case-in-chief testified as to appellant's birth date and physical description. Appellant's convictions were supported by the greater weight of the evidence. It was not plain error when the trial court allowed the case to continue when a juror overheard one of the appellant's family members speaking loudly about the case and that juror felt what he heard influenced his ability to continue. The trial court removed that juror, questioned the remaining jurors, and determined that although some were aware of a loud conversation by appellant's family members, none of them heard what was said, and felt they could continue to impartially deliberate. The trial court erred when it allowed the state's video expert to testify about his opinion of the contents of surveillance video however, the error was harmless. The witness testified about the colors of clothing, he did not attempt to identify the suspects, and