Legal Opinion

State v. Carver, 21328 (9-12-2008)

Ohio Court of Appeals

Decided September 12, 2008No. 21328PublishedCited by 21 opinions

1Opinion of the Court

OPINION

{¶ 1} Defendant-appellant Kyle Carver appeals from his conviction and sentence for Unauthorized Use of a Vehicle, Kidnapping, and Felonious Assault.

{¶ 2} Carver first contends that the trial court erred when it allowed the prosecutor to comment, over objection, that the defendant presented no evidence to rebut the State's evidence. We conclude that this was not error when the State did not specifically comment on Carver's failure to testify, and noted that Carver's exercise of his right not to testify should not be held against him.

{¶ 3} Carver next contends that the trial court erred…

2Cases cited57 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Miller-El v. CockrellSupreme Court of the United States · 2003
  3. Batson v. KentuckySupreme Court of the United States · 1986
  4. Blakely v. WashingtonSupreme Court of the United States · 2004
  5. Edwards v. ArizonaSupreme Court of the United States · 1981

52 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. State v. WinbushOhio Court of Appeals · 2017
  2. State v. MorganOhio Court of Appeals · 2009
  3. State v. Smith, Ca2006-08-030 (1-20-2009)Ohio Court of Appeals · 2009
  4. State v. CunninghamOhio Court of Appeals · 2012
  5. State v. LewisOhio Court of Appeals · 2011

16 more not listed; retrieve them via the Exa API.

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