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Return to Common Pleas Home. The Court, Clerk of Court, their agents, and the developers of this web site assume no liability whatsoever associated with the use or misuse of the data contained herein. By clicking "Continue" below, you agree to these terms and conditions. According to Pyles, the State never asked Adkins to establish venue with respect to the text messages that Pyles allegedly sent Adkins and which form the basis for the intimidation charge.

The State argues that, based upon all facts and circumstances, venue was proven beyond a reasonable doubt. Miller, 4th Dist. Vinton No. Williams, 53 Ohio App. Jackson, Ohio St. Nevertheless, venue is a fact that must be proven beyond a reasonable doubt in a criminal prosecution unless the defendant waives the issue. Headley, 6 Ohio St. State v. Wright, Ohio, 74 N. Hampton, Ohio St. Chintalapalli, 88 Ohio St. Draggo, 65 Ohio St.

According to the record, Adkins brought her phone into the police department and used the device to email copies of the text messages to Officer Queen. On that date, Adkins was still receiving text messages from Pyles. This evidence demonstrates, beyond a reasonable doubt, that Scioto County was the proper venue for Count 2: Intimidation of Attorney, Victim, or Witness in a Criminal Case. Pyles alleges that a view of the scene was necessary in order for the jurors to understand the construction of the house and whether the alleged assault could be heard from downstairs.

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The grant or denial of a jury view is within the sound discretion of the trial court, and there are no particular requirements as to when the trial court should grant a jury view. Calloway v. Maxwell, 2 Ohio St. Fowler, 4th Dist. Scioto No. Nonetheless, R.

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Taylor, 4th Dist. Adams No. Montalvo, 47 Ohio App. Adams, 62 Ohio St. Additionally, when applying the abuse of discretion standard, a reviewing court is not free merely to substitute its judgment for that of the trial court. In re Jane Doe 1, 57 Ohio St. Matthews, 53 Ohio St. By the time the trial began, the number of residents and dogs in the home had changed. See Suiter v. Walker, 4th Dist.

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Lawrence No. Thus, we cannot find that the decision by the trial court was so arbitrary, unconscionable, or unreasonable as to constitute reversible error. One of the elements to a fair trial is the right to have the assistance of counsel. The Supreme Court set forth the standard to be used in judging whether counsel has been ineffective and whether a criminal defendant has been prejudiced thereby. Bradley, 42 Ohio St. Lytle, 48 Ohio St.

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A reasonable probability is a probability sufficient to undermine confidence in the outcome. Evans, 4th Dist. Quivey, 4th Dist. Meigs No. Collins v. Patterson, 28 Ohio St. Greer, 66 Ohio St. Mack, 73 Ohio St. Webb, 70 Ohio St. We do not find his argument persuasive. The record suggests that the trial counsel was aware that the State intended to file a motion to amend the indictment.

Okay with you? Additionally, Pyles fails to establish a particularized need upon which trial counsel would have been entitled to a transcript of the grand jury testimony. Prasnal, Dr. Harper, and Nurse Porginski.

According to Pyles, the State should have asked Dr. Prasnal and Nurse Porginski to identify Adkins using a photograph. Pyles does not include any case law in support of his argument. In his sixth assignment of error, Pyles presents a nonexclusive list of trial testimony to which counsel should have objected and contends that these alleged errors amounted to ineffective assistance of counsel.

Williams, 3d Dist. Marion No.

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Gray, 10th Dist. Franklin Nos. Grider, 8th Dist. Cuyahoga, No. Failure by trial counsel to object to certain statements does not establish ineffective assistance where such failure might be considered sound trial strategy. See State v.

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