State v. Simmons

Citations

• 2018 Ohio 3366

Syllabus

Aggravated murder aggravated robbery having a weapon while under disability material prejudice Crim.R. 52(A) harmless error plain error Evid.R. 901 Evid.R. 803(6) stipulation authentication business records Evid.R. 2945.29 discharge juror alternate juror discretion manifest weight of the evidence court costs cumulative error. Affirmed appellant's conviction and sentence for aggravated murder, aggravated robbery, and having a weapon while under disability. Much of the claimed error did not cause material prejudice, amounted to harmless error, or did not amount to plain error. Because defense counsel did not explicitly limit stipulation to the authenticity of cell phone records, no foundational requirement was required for the authenticity of business records under Evid.R. 803(6). Trial court did not abuse its discretion in discharging a juror who was reported to express concern in deciding the case because of defendant's gang affiliation. Appellant's conviction was not against the manifest weight of the evidence. Remand was not required when appellant could seek waiver of court costs with the trial court. Appellant's claim of cumulative error was not substantiated.