State v. McRae, 2018 Ohio 3435

Troy D. McRae Jr. was indicted (Mar. 30, 2017) on one count of aggravated murder with a repeat-violent-offender specification; jury trial began Sept. 11, 2017.
Police obtained a warrant based on a complaint and an accompanying probable-cause narrative; municipal clerk signed the warrant though the narrative was not sworn.
McRae moved (pro se and through counsel) on multiple fronts: motion to dismiss (speedy-trial), motion to suppress (warrant challenge), and requested lesser-included instruction (voluntary manslaughter); counsel also sought continuance for trial preparation.
Trial court found the narrative was not properly sworn (so the warrant lacked probable cause on its face) but applied the good-faith exception (Leon) because officers reasonably relied on the issued warrant and LEADS entry; photographic evidence was admitted.
Jury convicted McRae of aggravated murder; court sentenced him to 30 years-to-life plus 10 years for repeat-violent-offender. McRae appealed raising four assignments of error: suppression/dismissal, ineffective assistance, failure to instruct on voluntary manslaughter, and speedy-trial violation.

Issue	Plaintiff's Argument (State)	Defendant's Argument (McRae)	Held
Motion to suppress / dismissal for faulty warrant	Warrant execution admissible because officers relied on a facially issued warrant and acted in good faith	Warrant invalid because probable-cause narrative was not sworn; suppression/dismissal required	Court applied good-faith exception and denied suppression; assignment overruled
Ineffective assistance of counsel	Counsel’s strategy (not calling alibi/DNA experts) was reasonable trial strategy; counsel met qualifications	Counsel failed to file alibi notice, call alibi/DNA witnesses, and lacked required felony qualifications	Court found no substantial violation or prejudice; counsel employed permissible strategy; assignment overruled
Failure to give voluntary manslaughter instruction	No adequate evidence of serious provocation or sudden passion to permit inferior-degree instruction	McRae argued fear/claim of provocation supported instruction	Court held fear alone insufficient; no reasonable juror could find sudden passion from record; instruction not required; assignment overruled
Speedy-trial violation (statutory & constitutional)	Continuance by counsel for trial preparation valid waiver; pro se speedy-trial motion struck because defendant was represented	McRae argued counsel’s waiver bound him improperly and he revoked waiver by pro se filing	Court held counsel’s waiver binds defendant (McBreen); pro se filings struck while represented; assignment overruled

State v. Johnson, 141 Ohio St.3d 136 (2014) (explains exclusionary rule’s deterrence purpose and when good-faith exception applies)
United States v. Leon, 468 U.S. 897 (1984) (establishes the good-faith exception to the exclusionary rule)
State v. Shane, 63 Ohio St.3d 630 (1992) (test for when voluntary manslaughter/inferior-degree instructions are required)
State v. O’Brien, 34 Ohio St.3d 7 (1987) (defendant may waive constitutional speedy-trial rights)
State v. McBreen, 54 Ohio St.2d 315 (1978) (counsel’s waiver of speedy-trial time for preparation binds the defendant)
State v. Mills, 62 Ohio St.3d 357 (1992) (trial court as factfinder in suppression hearings; appellate standard of review)
State v. Hester, 45 Ohio St.2d 71 (1976) (standard for determining whether defendant had a fair trial under ineffective-assistance claim)
State v. Calhoun, 86 Ohio St.3d 279 (1999) (outlines burden and framework for ineffective-assistance claims)