State v. Bey

Introduction

{¶ 1} On October 18, 2017, a jury found Darnell Bryant Bey, the appellant herein, guilty of felony murder with a gun specification, and the Lucas County Court of Common Pleas sentenced him to a mandatory term of 18 years to life in prison. Appellant appealed.

{¶ 2} In this case, we address whether appellant's failure to raise the issue of a defective indictment until after the jury was empaneled waives all but plain error review; whether the indictment's failure to identify an underlying offense and/or the mens rea of that underlying offense amounts to a defect; and if so, whether…