State v. Austin, 2012 Ohio 3053

Austin was indicted for burglary and theft in Hamilton County.
The court appointed competency restoration after his NGRI plea; he later was deemed competent.
At trial, victim White testified burglary and $3,500+ value; window screen was cut.
Fingerprints from the window matched Austin via AFIS and were confirmed by a officer.
Evans testified Austin left fingerprints on the window; jury convicted and the theft merged into burglary with a six-year sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the trial court's handling of the NGRI plea warrant reversal?	Austin argues lack of NGRI instruction constitutes structural error.	State contends no NGRI evidence warranted instruction.	First assignment overruled.
Was counsel ineffective for not addressing NGRI and requesting an NGRI instruction?	Ineffective assistance due to failure to pursue NGRI defenses.	No deficiency; no evidence raising sanity issue.	Second assignment overruled.
Was the burglary conviction supported by legally sufficient evidence?	State failed to prove all elements beyond reasonable doubt.	Record supported each element of burglary.	Third assignment overruled.

State v. Cihonski, 178 Ohio App.3d 713 (Ohio 2008) (insanity instruction issues and plain-error waiver discussed)
State v. Monford, 2010-Ohio-4732, 190 Ohio App.3d 35 (Ohio App.10th Dist. (2010)) (standard for insanity defense instructions when evidence is presented)
State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (ineffective assistance framework (Strickland))