State v. Spivey

Citations

• 2026 Ohio 1550

Syllabus

Aggravated murder; plain error; Crim.R. 52; ineffective assistance of counsel; identification testimony; hearsay; surveillance footage; manifest weight of the evidence; juror bias; abuse of discretion. It was not plain error to admit testimony as to how the defendant-appellant was identified as a suspect or the defendant-appellant's identity in the surveillance footage, and it was not ineffective assistance of counsel for trial counsel to fail to object to this testimony. It was not plain error to admit palm-print evidence or evidence regarding attempts to locate the defendant-appellant, and it was not ineffective assistance of counsel for trial counsel to fail to object to this evidence. The trial court did not abuse its discretion by failing to separately inquire of a juror where it inquired of the foreperson following an allegation of misconduct.