State v. Smith

Citations

• 2020 Ohio 649

Syllabus

AGGRAVATED MURDER – EVIDENCE – RELEVANCE – SELF-DEFENSE – JURIES – PEREMPTORY CHALLENGES – CRIM.R. 24 – SENTENCING – APPELLATE REVIEW/CRIMINAL: The trial court did not err in excluding evidence of the victim's tattoos and t-shirt where the evidence was not relevant to the determination of the initial-aggressor element of defendant's self-defense claim. Under Crim.R. 24(E), a party's failure to exercise a peremptory challenge waives that party's right to that particular challenge. The trial court did not err in limiting defense counsel's questioning of a prospective juror where defense counsel had waived his fourth, and final, peremptory challenge. Defendant's conviction for aggravated murder was supported by sufficient evidence and was not against the manifest weight of the evidence where the evidence showed that defendant was complicit in the predicate offense of aggravated robbery. A sentence for aggravated murder is not subject to appellate review pursuant to R.C. 2953.08(D)(3). The trial court did not err by ordering that defendant serve his sentence for aggravated murder consecutively to his sentence for having a weapon while under a disability where the trial court made the appropriate R.C. 2929.14(C)(4) findings at the sentencing hearing and included those findings in the sentencing entry.