State v. Marshall, 2024 Ohio 4445

Rodney James Marshall was convicted in Warren County, Ohio, of failure to comply, receiving stolen property, obstructing official business, and three counts of criminal damaging after a two-day jury trial.
The case arose from a December 2022 incident involving a high-speed chase in a stolen red Cadillac CTS, which ended with Marshall being apprehended near the scene and identified by officers as the driver.
At trial, Marshall's defense challenged the state's identification, arguing police failed to prove he was the driver and that the passenger (McKenzie Hazell) should have been called as a witness.
Post-trial, Marshall moved for a new trial based on claims of bailiff presence during jury deliberations and newly presented testimony from Hazell denying Marshall was the driver.
The trial court denied the motion, finding no improper jury communication and no ineffective assistance for not calling Hazell, due to her lack of credibility.
Marshall appealed, contesting the sufficiency and weight of the evidence, alleged jury-room improprieties, and counsel's effectiveness.

Issue	Plaintiff's Argument	Defendant's Argument	Held
New trial due to bailiff presence (jury deliberations)	Bailiff (and possible unknown person) in jury room tainted deliberations	Bailiff only assisted technically and had no case discussion; no prejudice occurred	No abuse of discretion; no evidence of improper influence
Ineffective assistance (failure to call Hazell)	Not calling passenger Hazell denied Marshall a fair trial	Strategic not to call a biased witness; Hazell not credible and motivated to lie	No deficient performance or prejudice; reasonable strategy
Sufficiency of evidence (identity of driver)	State failed to prove beyond reasonable doubt Marshall was the driver	Evidence from direct and circumstantial sources enabled identification beyond doubt	Convictions supported by sufficient and credible evidence
Verdict against manifest weight of evidence	Jury lost its way, insufficient credible evidence placed Marshall as driver	Jury entitled to credit police eyewitnesses; evidence did not heavily favor acquittal	Conviction not against manifest weight; verdict affirmed

State v. Hancock, 109 Ohio St.3d 57 (abuse of discretion standard applies to motions for new trial)
State v. Hoop, 134 Ohio App.3d 627 (decision to call a witness is trial strategy, not per se ineffective assistance)
State v. Graham, 58 Ohio St.2d 350 (manifest weight standard; reversal only for clear miscarriage of justice)
State v. Lee, 158 Ohio St.3d 487 (circumstantial and direct evidence have equal probative value)