State v. Shaw

Citations

• 2017 Ohio 7404

Syllabus

Sufficient evidence tampering with evidence knowingly unmistakable crime jury instruction discharging firearm on or near prohibited premises verdict form misdemeanor ineffective assistance of counsel. Defendant's tampering with evidence conviction was supported by sufficient evidence where totality of circumstances indicated the defendant knew the police were likely to investigate a shooting incident. Defendant's discharging a weapon on or near a prohibited premises was modified and reduced from third-degree felony to first-degree misdemeanor to conform to the verdict form that did not provide elevating language or the form of the offense. Defendant's right to counsel was not violated even though his trial counsel did not request special jury instructions because the court's charge was a complete and accurate statement of Ohio law.