State v. Smith

Citations

• 2026 Ohio 2405

Syllabus

Joinder; motion to sever; Crim.R. 8; Crim.R. 14; prejudice; abuse of discretion; Confrontation Clause; Bruton v. United States; App.R. 16; App.R. 12; jury instructions; invited error; restitution; theft in office; R.C. 2921.41(C)(2)(a)(ii). Appellant failed to show that he was prejudiced by the denial of his motion to sever trial from his codefendant, and his rights under the Confrontation Clause were not violated. The trial court did not err in declining to exclude three of the State's exhibits because appellant failed to show that they lacked foundation. Because appellant did not comply with App.R. 12(A)(2) and 16(A)(7), the court declined to review the additional two claimed errors in his second assignment of error. Appellant invited the claimed error in the jury instructions because his trial counsel suggested the language that appellant now says was improper. Finally, the court did not err in ordering restitution pursuant to R.C. 2921.41(C)(2)(a)(ii).