State v. White

Citations

• 2022 Ohio 2130

Syllabus

Self-defense weight of the evidence sufficiency of the evidence Crim.R. 16(K) ineffective assistance of counsel motion for new trial bench trial plain error prosecutorial misconduct. Sufficient evidence existed to establish that defendant did not act in self-defense where there was evidence to support a finding that appellant was at fault in creating the situation that gave rise to the affray and that he lacked a bona fide belief that he was in imminent danger of death or great bodily harm. Further, the finding that self-defense was not proven was supported by the greater weight of the evidence for the same reasons. The state violated Crim.R. 16(K) by introducing conclusions from an expert witness that were not included in the report submitted to the defense. However, because the defense failed to object to the testimony, appellant was required to show plain error. As this was a bench trial and the trial court specifically averred that the verdict would have been the same without the offending testimony, appellant failed to establish that the admission affected the outcome of the trial. Further, appellant failed to establish that he was prejudiced by his counsel's failure to object, so his ineffective assistance of counsel claim also fails. Prosecutorial misconduct was not shown where defense failed to object preventing the trial court from inquiring as to the reasons for the state's conduct. Nevertheless, the defense failed to show prejudice due to the prosecution's conduct, preventing a finding of prosecutorial misconduct. Finally, the trial court did not abuse its discretion when it decided to rule on motions for new trial without a hearing and when it denied appellant's motion for new trial.