State v. Harris, 2014 Ohio 2501

Appellant Harris was convicted of murder with a firearm specification in Franklin County after a 1998 shooting; indictment issued April 20, 2012 for aggravated murder with firearm specification; trial evidence tied Harris to the June 30, 1998 death of Mendell Campbell; key eyewitnesses placed Harris at the scene or connected him to the Ford Probe used in the events; Kushner, Bullock, and Spoonmore testified to motives and observations; the state later corroborated with fingerprint evidence and lineups; the jury acquitted on aggravated murder but found Harris guilty of murder and the firearm specification, and he was sentenced to 18 years to life; the court affirmed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Weight of the evidence supporting murder conviction	Kushner, Bullock, Spoonmore had motives to lie; DNA/phone evidence missing.	Credibility issues undermine conviction; lack of DNA/phone records weighs against guilt.	Not against the manifest weight; credible witnesses support guilt.
Required accomplice testimony instruction under R.C. 2923.03(D)	Kushner was an accomplice; instruction necessary.	Kushner was not charged as an accomplice; instruction not required.	No abuse of discretion; instruction not required because Kushner was not charged as an accomplice.

State v. Thompkins, 78 Ohio St.3d 380 (Ohio Supreme Court 1997) (manifest weight review and witness credibility guidance)
State v. Martin, 20 Ohio App.3d 172 (Ohio App. Dist. 1983) (credibility and manifest weight principles)
State v. Mickens, 2009-Ohio-1973 (Ohio App. 10th Dist. 2009) (credibility and weight of witness testimony)
State v. Jennings, 2009-Ohio-6840 (Ohio App. Dist. 10th Cir. 2009) (accomplice instruction not required when witness not charged as accomplice)
State v. Olverson, 2003-Ohio-1274 (Ohio App. Dist. 2003) (accomplice instruction analysis)
State v. Sillett, 2002-Ohio-2596 (Ohio App. Dist. 2002) (accomplice instruction considerations)