State v. Gay, 2013 Ohio 4169

Gay shot Coleman three times from approximately three feet away during an argument at Kelly's Drive Thru; he claimed self-defense and defense of his mother.
Coleman died from a gunshot wound to the chest; Gay fled but surrendered six days later.
Grand jury indicted Gay on aggravated murder with a firearm spec, murder with a firearm spec, having weapons while under disability, and attempted aggravated murder; August 18 charges were bifurcated and later tried separately.
At trial, Gay was acquitted of aggravated murder with a firearm specification but convicted of murder with a firearm specification and having weapons while under disability; he was sentenced to 15 years to life, plus 3 years for the firearm spec and 3 years for weapons under disability, consecutive.
Gay appealed raising four assignments of error; the August 18 bifurcated charges are not on appeal.
The appellate court affirmed, holding the convictions not against the manifest weight, improper admission of evidence and photos, or prosecutorial misconduct not prejudicial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Fair trial denied by in limine ruling	Gay contends exclusion of jail-motive evidence prejudiced defense.	Gay argues the evidence would aid self-defense/defense of others by showing context.	No reversible error; plain error not shown
Murder conviction against manifest weight	Gay asserts testimony credibility issues render weight against defense theories.	State contends credibility issues resolved by jury; video corroboration favors State.	Not against manifest weight; evidence supports verdict
Repetitive autopsy photographs	Photos were gruesome and prejudicial without probative value beyond death cause.	Photographs aided corroboration of self-defense theory and positions during shooting.	Not an abuse of discretion; photographs admissible
Prosecutorial misconduct cumulatively	Multiple improper remarks and questions prejudiced the jury.	Any improper comments were isolated or curable; no prejudice to substantial rights.	Cumulative conduct did not prejudice rights; not reversible

State v. Otten, 33 Ohio App.3d 339 (9th Dist. 1986) (weight-of-the-evidence standard)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio Supreme Court 1997) (manifest weight review framework)
State v. Williford, 49 Ohio St.3d 247 (Ohio Supreme Court 1990) (self-defense immunity for family member; imminent danger standard)
State v. Grubb, 28 Ohio St.3d 199 (Ohio Supreme Court 1986) (motion in limine preservation requirements)
State v. Lott, 51 Ohio St.3d 160 (Ohio Supreme Court 1990) (prosecutor's comments on credibility; limits)
State v. Payne, 114 Ohio St.3d 502 (Ohio Supreme Court 2007) (plain-error standard)
State v. Diar, 120 Ohio St.3d 460 (Ohio Supreme Court 2008) (plain-error framework; review of cumulative error)
State v. Hoang, 2012-Ohio-3741 (9th Dist. Medina) (plain-error review application)
State v. Feaster, 2009-Ohio-2558 (9th Dist. Summit) (photographic evidence; probative value vs. prejudice)