State v. Sekulic, 2017 Ohio 4259

Sekulic was convicted by jury in Stark County for aggravated murder with a firearm specification, attempted murder, and felonious assault, and sentenced to life without parole plus a firearm spec, with consecutive 11-year term for attempted murder.
Two December 2015 incidents: November 24, 2015, Sekulic rammed Zeljka’s car after learning of her affair; November 24 injuries included non-fatal harms and then he fled.
December 8, 2015, Sekulic ambushed Zeljka in the Astoria parking lot, shot her three times at close range, and fled the scene.
Gligo testified the gun used in the murder was stolen from Gligo’s shop; Sekulic admitted stealing the weapon.
Sekulic’s trial included testimony that he acted after a period of planning; the jury found aggravated murder with firearm specification, and also found guilt on attempted murder and felonious assault but not on the firearm specification for the November incident.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency and weight of the evidence	Sekulic argues the evidence is insufficient and against weight.	Sekulic contends the state failed to prove prior calculation and design.	Evidence supports both sufficiency and weight; convictions affirmed.
Ineffective assistance of counsel re voluntary manslaughter instruction	Sekulic alleges counsel failed to request manslaughter instruction.	Counsel’s performance not deficient; no reasonable provocation evidence.	No error; defense not entitled to manslaughter instruction given lack of provocation evidence.
Joinder and severance of offenses	Sekulic claims joinder prejudiced by admitting other-acts evidence.	Joinder proper; evidence simple and distinct with proper jury instructions.	Joinder not prejudicial; assignments of error overruled.
Consecutive sentences	State contends consecutive terms were properly justified by statute.	Sekulic argues sentences are excessive and not properly supported.	Court properly imposed consecutive sentences; findings under R.C. 2929.14(C)(4) supported; judgment affirmed.

State v. Thompkins, 78 Ohio St.3d 380 (1997) (weight of evidence standard; credibility of witnesses; standard for manifest weight)
State v. Conway, 108 Ohio St.3d 214 (2006) (analysis of prior calculation and design; plan to kill)
State v. Shane, 63 Ohio St.3d 630 (1992) (provocation standard for voluntary manslaughter; objective/subjective test)
State v. Bonnell, 140 Ohio St.3d 209 (2014) (consecutive sentences findings required by 2929.14(C)(4) but not necessarily recited word-for-word)
State v. Kalish, 120 Ohio St.3d 23 (2008) (post-Foster sentencing considerations; need to consider 2929.11/2929.12 factors)
Jackson v. Virginia, 443 U.S. 307 (1979) (standard for sufficiency of evidence in criminal cases)