State v. Williams

Citations

• 2018 Ohio 3368

Syllabus

Motion to dismiss/preindictment delay motion for mistrial motion to disqualify counsel/ineffective assistance of counsel sufficiency manifest weight prejudicial testimony/evidence allied offenses juvenile/bindover. The trial court did not err in denying appellant's motion to dismiss for preindictment delay. The state's charges of rape and kidnapping were within the statute of limitations. Nonetheless, appellant failed to address at the hearing the issue of witness unavailability and that the evidence was unavailable because the business is now closed. Those issues are waived and ultimately, appellant failed to show actual prejudice. Appellant's disruptive behavior during trial falls under the invited error doctrine evidence presented was not prejudicial and could be interpreted as appellant's consciousness of guilt and the photographs entered into evidence were used to impeach appellant's testimony. The trial court's denial of appellant's motion for mistrial was proper. Appellant failed to show that defense counsel's performance was deficient and fell below a reasonable standard of representation. Appellant's claim of ineffective assistance of counsel fails. Witness testimony of the presence of a firearm, identification and DNA results were issues for the trier of fact and the jury did not lose its way in determining the sufficiency of that evidence. Appellant's convictions were not against the manifest weight of the evidence. Each of appellant's acts were performed separately from each other and failed to meet the requirement for merger. Appellant was not apprehended until after he was 21 years old and the common pleas court had proper jurisdiction.