State v. Borden, Unpublished Decision (2-9-2000)
State v. Borden, Unpublished Decision (2-9-2000)
Opinion of the Court
We overrule the appellant's first assignment of error, challenging the trial court's refusal to permit appointed counsel to withdraw from representing the appellant at trial, because the record does not demonstrate "a breakdown in the attorney-client relationship of such magnitude as to jeopardize [the appellant's Sixth Amendment] right to [the] effective assistance of counsel." See State v. Coleman (1988),
We also overrule the appellant's second assignment of error, in which he challenges the balance struck by the jury in weighing the evidence before it, because we find nothing in the record of the proceedings below to suggest that the jury, in resolving the conflicts in the evidence, lost its way or created such a manifest miscarriage of justice as to warrant the reversal of the appellant's conviction. See Tibbs v. Florida (1982),
Therefore, we affirm the judgment of the trial court.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
PAINTER, P.J., WINKLER and SHANNON, JJ.
RAYMOND E. SHANNON, retired, from the First Appellate District, sitting by assignment.
To the Clerk:
Enter upon the Journal of the Court on February 9, 2000 per order of the Court.
Presiding Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.