State v. Stevens

Citations

• 224 N.E.3d 624
• 2023 Ohio 3280

Syllabus

Appellant did not demonstrate actual prejudice due to counsel's failure to file a motion to dismiss due to preindictment delay where although witnesses had died during intervening years, claims that said witnesses could have given pertinent testimony were only speculative and Appellant failed to show how testimony would have minimized or eliminated the impact of the state's evidence and bolstered Appellant's defense although cell phone records were not authenticated as business records pursuant to Ohio Evid.R. 803(6), the trial court did not commit plain error where Appellant failed to demonstrate a reasonable probability that, but for the court's erroneous admission, the outcome of trial would have been different Appellant could be convicted of firearm specification where he was convicted as a complicitor to burglaries where firearms were under the control of actual perpetrators during commission of burglary.