State v. Whyte

Citations

• 2024 Ohio 5894

Syllabus

EVIDENCE – SUFFICIENCY – MANIFEST WEIGHT – MURDER – INEFFECTIVE ASSISTANCE OF COUNSEL: Defendant's conviction for murder was supported by sufficient evidence and not against the weight of the evidence where the evidence established that defendant was driven to the crime scene, minutes after defendant left the vehicle, the driver heard multiple gunshots, defendant called the driver to pick him up directly after the shooting, defendant threw the gun out of the window after fleeing the scene, and defendant's cell phone established that he was near the scene when the shooting occurred, and the factfinder found the witnesses' testimony to be credible. Trial counsel did not provide ineffective assistance of counsel by failing to call an expert in crime scene reconstruction because any testimony that a crime scene reconstructionist would have provided was purely speculative.