State v. Smith

Citations

• 2023 Ohio 4565

Syllabus

Appellant was convicted of two counts of murder, one count of felonious assault, and two counts of having weapons while under disability stemming from two shootings occurring approximately seven hours apart. The trial court did not abuse its discretion in denying appellant's motion for relief from prejudicial joinder, his motion for disclosure of the identity of a confidential informant, and his motion to suppress evidence from eyewitness identifications, the pinging of his phone under the exigent circumstances exception, and the search of his home pursuant to a warrant. Appellant's convictions were not based on insufficient evidence or against the manifest weight of the evidence the jury reasonably concluded that appellant was the perpetrator of both shootings. The trial court did not abuse its discretion in denying appellant's motion for a mistrial due to a disturbance in the gallery during the trial and, later, based on alleged jury misconduct. Appellant's rights were not violated when the trial court met with jurors before deliberations without appellant or his counsel present. Finally, no prosecutorial misconduct was established. Judgment affirmed.