State v. Powell, 2018 Ohio 3944

December 15, 2015: shooting at a Columbus residence used for drug activity; victim Michael Moreno fled the house and was fatally shot in the neck/back area and later struck by a vehicle.
Grand jury indicted Eric Powell on 20 counts (aggravated burglary, aggravated robbery, kidnapping, aggravated murder/murder/attempted murder/felonious assault, weapon while under disability) with firearm and repeat violent offender specifications; some counts later nolled or dismissed; 11 counts went to the jury.
Pretrial: trial court denied Powell’s suppression motion after viewing a recorded custodial interview and found his Miranda waiver voluntary; court allowed Powell to waive a jury for firearm and repeat-offender specifications.
Trial evidence: testimony from three eyewitnesses present in the house, police officers, and a jailhouse informant; defense called no witnesses and stipulated to autopsy; eyewitness testimony had inconsistencies about who held/fired guns and how entry occurred.
Verdicts and sentence: jury convicted Powell of aggravated burglary, two aggravated robberies, two kidnappings, one murder, two felonious assaults; bench found weapon-under-disability and specifications; aggregate sentence 36 years to life.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court should have granted Crim.R.29 (sufficiency)	State: Evidence (eyewitnesses, recovered casings, camera views, informant statements) was sufficient for each conviction	Powell: Physical evidence weak (no recovered fatal projectile or matching gun; casings recovered days later and scene unsecured) and eyewitnesses were inconsistent	Court: Viewed evidence in prosecution’s favor; sufficient evidence supported convictions
Whether convictions were against the manifest weight of the evidence	State: Jury could credit eyewitnesses and corroborating physical evidence; inconsistencies were for jury to resolve	Powell: Inconsistent/conflicting witness statements and gaps in physical evidence require reversal	Court: Not an exceptional case; jury did not lose its way; convictions not against manifest weight
Admissibility of custodial statements (suppression/Miranda)	State: Video and officer testimony show Powell knowingly and voluntarily waived rights	Powell: Intoxicated and incapable of intelligently waiving Miranda rights	Held: Trial court viewed recording and testimony and found waiver voluntary; suppression denied

Miranda v. Arizona, 384 U.S. 436 (U.S. 1966) (custodial warnings requirement and waiver analysis)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of evidence review)
Tibbs v. Florida, 457 U.S. 31 (U.S. 1982) (effect of reversal for insufficient evidence equates to acquittal)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (distinction between sufficiency and weight of the evidence)
State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency review standard in Ohio)
State v. Steffen, 31 Ohio St.3d 111 (Ohio 1987) (privilege to remain in premises may terminate upon commencement of criminal conduct)
State v. Win, 121 Ohio St.3d 413 (Ohio 2009) (definition and elements of kidnapping)