State v. Walker

Citations

• 2019 Ohio 3121

Syllabus

The trial court did not err in overruling appellant's motion to suppress the witness's pretrial identification of him in a photospread was reliable. Ineffective assistance of counsel is not demonstrated in defense counsel's failure to request a mistrial due to an alleged discovery violation the record reflects that any prejudice was cured by the court's handling of the violation, and appellant himself elected to proceed without such a motion. Ineffective assistance is not demonstrated in defense counsel's failure to timely object to a prosecutor's question to a detective about whether the defense sought scientific testing of any evidence the jury was instructed that the State bore the burden of proof, the question was an isolated one, and there was overwhelming evidence of appellant's guilt. Appellant's multiple convictions, whether as an aider or abettor or as a principal offender, were not against the manifest weight of the evidence and were supported by sufficient evidence. Judgment affirmed.