State v. Williams, 2013 Ohio 1181

Terrance Williams was convicted of two counts of aggravated murder, kidnapping, discharging a firearm on or near a prohibited premises, carrying a concealed weapon, and having weapons while under a disability for the shooting death of Artimis Darden.
The killing occurred October 22, 2010, at a house on Donald Avenue in Cleveland, where multiple witnesses testified Williams forced Darden outside at gunpoint and shot him, then stood over him and fired again.
Physical evidence included a Glock 21.45 Auto and other firearms recovered at the scene, DNA on Williams’s jacket and shoe matching Darden, and gunshot residue testimony, though no residue on Williams’s hands or jacket was found.
Witnesses testified Williams dragged Darden to the driveway, fired at least two shots, and attempted to flee in a vehicle; one witness testified Williams was shot at the scene, with another shooter not located.
At trial, two aggravated-murder counts were pursued, along with related offenses; the jury found Williams guilty on all counts and he was sentenced to 33 years to life with a 5-year postrelease control requirement.
On appeal, Williams argued insufficiency, manifest weight, ineffective assistance of counsel, and allied-offense merger; the court upheld most claims but found error in failing to merge the two aggravated-murder counts, remanding for limited resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence for aggravated murder	Williams	Williams	Sufficient evidence supported guilt
Convictions against the manifest weight of the evidence	Williams	Williams	Not against the weight; convictions affirmed
Ineffective assistance of counsel for suppression of statements	Williams	Williams	No reversible prejudice; not grounds for reversal
Allied offenses/merger of aggravated murder counts	State	Williams	Two aggravated-murder counts should have merged; remand for limited resentencing

State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (tests for merger of allied offenses; same-conduct analysis)
State v. Brenson, 2011-Ohio-1880 (5th Dist. No. 09-CA-18) (merger of multiple aggravated-murder counts involving same victim)
State v. Bickerstaff, 2011-Ohio-1345 (7th Dist. No. 09 JE 33) (merger principles for allied offenses)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for reviewing weight of the evidence; thirteenth juror)
State v. Leonard, 104 Ohio St.3d 54 (2004-Ohio-6235) (sufficiency standard for Crim.R. 29(A) review)
State v. Taylor, 78 Ohio St.3d 15 (1997) (prior calculation and design element in murder statutes)
State v. Hough, 2010-Ohio-2770 (8th Dist. No. 91691) (threshold for inferring prior calculation and design)
Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard; prejudice inquiry)
Jenks, 61 Ohio St.3d 259 (1991) (standard for judging evidence in sufficiency review (Jenks))
State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (see above (merger and allied-offense analysis))