State v. Talley, 2016 Ohio 8010

Two armed robberies in Toledo in Jan 2015 (Valero on Jan 23; BP Stop & Shop four days later); surveillance video showed a masked gunman and a female accomplice.
Victims (store clerks) and video corroborated robberies; female accomplice (Jamika Tucker) later implicated appellant Christopher Talley as the gunman.
Police recovered clothing, cigarettes, a blue knapsack, and a black handgun with tape on the handle from Tucker’s residence; Tucker testified to Talley’s clothing, gun, and conduct during both robberies.
Talley was indicted on two counts of aggravated robbery with firearm specifications and two counts of having weapons while under disability; he did not testify at trial.
Jury convicted Talley on all counts; trial court sentenced him to a total of 21 years (consecutive robbery terms + firearm specifications + PRC violation); court also ordered various costs and restitution.
On appeal Talley raised: sufficiency/manifest weight, failure to merge weapon-under-disability counts, prosecutorial misconduct in closing, and error in imposing confinement and appointed-counsel costs.

Issue	State's Argument	Talley’s Argument	Held
Sufficiency / Manifest weight of the evidence (identification as gunman)	Evidence (Tucker’s ID, corroborating video, recovered gun/clothing, 911 calls, witness testimony) supports conviction	Testimony inconsistent and Tucker biased as co-defendant seeking leniency; identification unreliable	Convictions supported; jury did not lose its way; sufficiency and weight challenges rejected
Merger of two having-weapons-while-under-disability counts	Possession occurred on separate occasions with distinct motives (two robberies) so counts not allied	Single continuous possession from acquisition until arrest should merge	No merger; convictions for separate incidents upheld
Prosecutorial misconduct in closing arguments (vouching / suggesting defense counsel believed guilt)	Comments responded to defense attacks and relied on evidence; not prejudicial beyond a reasonable doubt	Prosecutor vouched for witness truthfulness and implied defense counsel thought client guilty	Isolated improper statements (saying witness “told the truth”) but harmless beyond a reasonable doubt; overall no unfair trial reversal
Imposition of costs (confinement and appointed counsel)	Court found Talley had ability to pay	Talley lacks education/employment history; PSI shows no ability to pay; no supporting evidence or hearing	Reversed as to costs: trial court’s finding not supported by clear and convincing evidence; costs vacated

State v. Jenks, 61 Ohio St.3d 259 (establishes Jackson sufficiency standard under Ohio law)
Jackson v. Virginia, 443 U.S. 307 (federal standard for sufficiency of the evidence)
State v. Thompkins, 78 Ohio St.3d 380 (distinguishes sufficiency and manifest weight review)
State v. Ruff, 143 Ohio St.3d 114 (R.C. 2941.25 allied-offense/animus framework)
State v. Dean, 146 Ohio St.3d 106 (separate animus supports multiple weapons-under-disability convictions)
State v. Keenan, 66 Ohio St.3d 402 (prosecutor comments imputing counsel’s belief of guilt may be improper)
State v. Lott, 51 Ohio St.3d 160 (prosecutorial-misconduct fairness standard)