State v. Frazier, 2011 Ohio 434

Frazier was convicted in Stark County Court of Common Pleas of murder and two counts of aggravated robbery, with firearm specifications, following a juvenile-to-adult transfer.
June 22–23, 2009: Strychalski and Pyles arranged a marijuana purchase; the two later discussed robbing Pyles during the deal, with Frazier present.
June 23, 2009: at a playground in Vienna Woods, Frazier produced a handgun, demanded money and valuables, and a struggle ensued, during which Burns was shot in the head and killed.
Frazier, a minor at the time, was indicted as an adult on one count of aggravated murder and two counts of robbery with firearm specifications.
At trial, the jury found Frazier guilty of murder (a lesser included offense) and the two aggravated robbery counts; he was sentenced to 31 years to life.
On February 23, 2010, Frazier appealed, raising three assignments of error related to weight/sufficiency, inconsistent verdicts/mistrial, and prosecutorial misconduct.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency and manifest weight of evidence	Frazier contends evidence fails to prove guilt beyond a reasonable doubt and the weight favors acquittal.	Frazier argues the evidence is insufficient and the verdicts are against the weight of the evidence.	Convictions supported by sufficient evidence and not against the manifest weight.
Inconsistency and mistrial on verdicts	The murder conviction is inconsistent with aggravated robbery convictions; mistrial should have been granted.	The jury’s differing verdicts reflect possible leniency; no mistrial warranted.	No abuse of discretion; no reversible inconsistency requiring mistrial.
Prosecutorial misconduct and due process	Prosecutor improperly cast appellant’s character by calling a juvenile placement officer and questioning regarding supervision.	Any improper questioning was curative and did not prejudice substantial rights.	No reversible error; prosecutorial conduct did not deprive appellant of a fair trial.

Jenks v. state, 61 Ohio St.3d 259 (1991) (sufficiency standard: rational trier of fact can convict beyond reasonable doubt)
Martin v. State, 20 Ohio App.3d 172 (1983) (manifest weight standard; exceptional miscarriage of justice required for reversal)
Sage v. State, 31 Ohio St.3d 173 (1987) (abuse of discretion standard for mistrial; consistency of verdicts analyzed)
Loza v. State, 71 Ohio St.3d 61 (1994) (prosecutorial misconduct requiring fair trial; juries follow court instructions)
Benge v. State, 75 Ohio St.3d 136 (1996) (inconsistent verdicts and abuse of discretion standards discussed)
State v. DeMastry, 155 Ohio App.3d 110 (2003) (curative instructions; no reversible error from prosecutorial questions)