State v. Virostek

Citations

• 2022 Ohio 1397

Syllabus

Sufficiency of the evidence rape substantial impairment spousal element ability to resist or consent intoxication vertigo knowledge of substantial impairment state not required to elect offense the jury will consider manifest weight of the evidence ineffective assistance of counsel prejudice to defendant failure to object to jury instructions invited error trial strategy speedy trial R.C. 2945.71 prima facie burden shift R.C. 2945.72 continuances toll closing argument trial tactics prosecutorial misconduct Reagan Tokes Act unconstitutionality. Appellant's convictions were supported by sufficient evidence and not against the manifest weight of the evidence. In addition, the state did not engage in prosecutorial misconduct, and appellant was not denied the effective assistance of counsel. Finally, appellant's sentence under the Reagan Tokes Act was proper and did not violate his constitutional rights.