State v. Stone

Citations

• 2021 Ohio 2308

Syllabus

Aggravated murder bench trial opinion testimony abuse of discretion ineffective assistance of counsel manifest weight of the evidence sufficiency of the evidence R.C. 2953.08(D)(3). The trial court did not abuse its discretion in permitting a lay witness to testify as to her opinion of various symbols where the testimony was founded on the witness's personal experience and perception. The defendant did not receive ineffective assistance of counsel where counsel did not object to the exclusion of evidence regarding a trace metal detection test because the evidence was relevant and did not prejudice the defendant. The defendant's convictions were supported by sufficient evidence and were not against the manifest weight of the evidence where the record contained ample evidence, including a lengthy recording of the defendant's own statement to law enforcement, detailing the defendant's involvement in planning the victim's murder and attempting to evade prosecution for his crimes. The defendant's sentence for aggravated murder in violation of R.C. 2903.01(A) was not subject to appellate review pursuant to R.C. 2953.08(D)(3).