State v. Totty

Citations

• 2026 Ohio 2140

Syllabus

Reckless Homicide; Sufficiency of the Evidence; Crim.R. 16; Out-of-State Expert Examination; Admissibility of Evidence; Gunshot Residue Test Refusal; Consciousness of Guilt; Batson Challenge; R.C. 2929.13(F)(8). The defendant-appellant's conviction for reckless homicide is based on sufficient evidence. The trial court did not err by admitting evidence of the defendant-appellant's refusal to submit to a gunshot residue test, which the jury could reasonably construe as a consciousness of guilt. The trial court did not abuse its discretion under Crim.R. 16 by restricting the defense expert's examination of the physical murder weapon to a local law enforcement facility rather than permitting its transport out of state. The trial court's decision rejecting the defendant-appellant's Batson challenge was not clearly erroneous. The defendant-appellant's sentence is not contrary to law.