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State v. Eubanks4/22/1999
and because she believed, that if she committed suicide, she could not ascend to heaven or have her family collect the proceeds of an insurance policy.
Nowhere in appellant's motions or appellate brief does he explain how the alleged missing property was exculpatory in nature or in what manner the crime scene was destroyed. Appellant admitted killing his wife and gave a statement as to what transpired that evening. Appellant's suicide theory is patently absurd as are his claims of conspiracy.
Even if appellant's nonsensical assertions regarding missing property and destruction of the crime scene were true, appellant has failed to demonstrate prejudice. Appellant confessed to murdering his wife in cold-blood. The production of the various documents and papers alleged to be missing do not change the intent or result of appellant's actions on September 20, 1996.
Appellant's first supplemental assignment of error is overruled.
VIII.
Appellant's second supplemental assignment of error claims he was denied effective assistance of counsel because his attorney did not obtain the alleged missing exculpatory evidence. As stated above, appellant failed to demonstrate how these items would have aided his defense or how he was prejudiced by his defense counsel's performance at trial.
Appellant's second supplemental assignment of error lacks merit.
Judgment affirmed.
It is ordered that appellee recover of appellant its costs herein taxed.
The court finds there were reasonable grounds for this appeal. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence.
It is ordered that a special mandate issue out of this court directing the Common Pleas Court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
TERRENCE O'DONNELL, J. and ANNE L. KILBANE, J. CONCUR.
LEO M. SPELLACY, JUDGE
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