State v. Bennett, 2014 Ohio 160

Bennett was charged in three Lorain County cases arising from a shooting at a Kentucky Avenue home and an attempted robbery of a tattoo artist; the three indictments were filed the same day.
The cases were consolidated for trial over Bennett’s objection, though one case (11CR084144) was severed on the morning of trial due to the victim’s absence.
A jury tried 11CR084132 and 11CR084219; Bennett was convicted on all counts in 11CR084132 and acquitted in 11CR084219.
The court merged felonious assault with the improperly discharging a firearm at or into a habitation and sentenced Bennett to 26 years.
On appeal Bennett assigns error to joinder/severance decisions, continuance on one case, manifest weight of the evidence, and various evidentiary issues including a claimed plain error involving Fifth Amendment rights.
The appellate court overrules Bennett’s assignments and affirms the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether joinder/consolidation was proper	Bennett contends consolidation was improper	State argues joinder is favored and efficient	Joinder permitted; no reversible error (forfeiture/plain error not shown)
Whether the post-joinder continuance was proper	Bennett argues continuance prejudiced him	State needed the continuance to proceed with Case 11CR084144	Continuance not an abuse of discretion; no reversible prejudice
Whether severance of case 11CR084144 was proper	Severance was improper and prejudicial	Joinder outweighed prejudice; trial court did not abuse discretion	Severance on day of trial upheld; no reversible prejudice
Whether the verdict in 11CR084132 was against the manifest weight of the evidence	Convictions against weight of the evidence	Evidence supported verdict; credibility for jury	Convictions upheld; not against the manifest weight
Whether admitting testimony regarding Bennett invoking his right to remain silent was plain error	Testimony violated Fifth Amendment rights	Testimony did not affect trial outcome; no plain error	No plain error; testimony did not prejudice outcome

State v. Miller, 2012-Ohio-1263 (9th Dist. Lorain Nos. 10CA009922 & 10CA009915, 2012-Ohio-1263) (joinder/severance considerations; renewal of objections required)
State v. Hatfield, 2008-Ohio-2431 (9th Dist. Summit No. 23716, 2008-Ohio-2431) (joinder and severance guidance)
State v. Samuels, 2012-Ohio-5401 (9th Dist. Summit Nos. 25982, 25983, & 25984, 2012-Ohio-5401) (prospective efficiency and fairness of joinder)
State v. Unger, 1981-Ohio-? (Ohio St.2d 1981) (continuance factors and abuse of discretion standard)
State v. Dawalt, 2007-Ohio-2438 (9th Dist. Medina No. 06CA0059-M, 2007-Ohio-2438) (abuse of discretion review for continuances)
State v. Leach, 2004-Ohio-2147 (Ohio Supreme Court, 2004) (admissibility of post-Miranda/attorney invocation statements; plain error rule)