State v. Wears

Citations

• 230 N.E.3d 596
• 2023 Ohio 4363

Syllabus

Sufficient Evidence Ineffective Assistance of Counsel Manifest Weight Domestic Violence Prosecutorial Misconduct. Debatable trial tactics or matters of trial strategy generally cannot serve as the basis for an ineffective assistance of counsel claim. A prior offense becomes an element of the crime where it operates to increase the degree of the charged offense. Plain error is recognized only to prevent a manifest miscarriage of justice. The appellant bears the burden of establishing plain error on appeal where no objection to the subject of the challenge was raised before the trial court.