State v. Beebe, 2011 Ohio 681

Beebe was convicted by jury of murder with specifications after investigation linked a .45 pistol and a gunman to the victim found buried on Beebe’s property in Hocking County.
The indictment included multiple charges; after a Crim.R.29 acquittal on several counts, the jury returned a verdict on murder with specifications.
Forensic evidence tied the bullet from the victim to the .45 pistol owned by Beebe, and the victim’s body was located on Beebe’s property.
The State argued venue was proper in Hocking County because the body was found there and the death occurred where the body was discovered.
Beebe challenged venue for the first time on appeal and alleged prosecutorial misconduct in closing arguments; both issues were reviewed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Venue established beyond reasonable doubt	Beebe contends venue failed under Article I, Section 10.	Beebe argues venue should be elsewhere or improperly established.	Venue properly established; no plain error.
Prosecutorial remarks improper in closing	Beebe argues closing remarks cited facts not in evidence to prejudice the jury.	Beebe argues remarks were prejudicial and ineffective assistance for failure to object.	No reversible error; remarks did not deprive fair trial; no plain error.

State v. Beuke, 38 Ohio St.3d 29 (Ohio 1988) (venue proof required unless waived)
State v. Dickerson, 77 Ohio St.34 (Ohio 1907) (venue may be established by showing crime occurred in the county)
State v. Draggo, 65 Ohio St.2d 88 (Ohio 1981) (venue is a separate element from offense)
State v. Long, 53 Ohio St.2d 91 (Ohio 1978) (plain error doctrine and miscarriage of justice standard)
State v. Tinch, 84 Ohio App.3d 111 (Ohio 1992) (R.C. 2901.12(J) controls when homicide localeundetermined)
State v. Smith, 87 Ohio St.3d 424 (Ohio 2000) (prosecutorial misconduct standard and fair-trial analysis)
State v. Treesh, 90 Ohio St.3d 460 (Ohio 2001) (prosecutorial closing arguments—latitude to argue)
State v. Skatzes, 104 Ohio St.3d 195 (Ohio 2004) (fairness standard for evaluating prosecutorial conduct)