State v. Sutherland

Citations

• 2025 Ohio 488

Syllabus

The trial court did not abuse its discretion in overruling appellant's petitions for postconviction relief. Although part of an investigative report was erroneously submitted to the jury at trial, issues related to that exhibit had been litigated on direct appeal and were barred by res judicata. Appellant's claims of prosecutorial misconduct based on the prosecutor's alleged nodding, head shaking, and facial expressions during witness questioning were not \new evidence\ and could have been raised on direct appeal, but were not. Judgment affirmed.