discussed Cited "see" State v. Martin, 07ap-362 (6-30-2008) See State v. Spivey , 84 Ohio St.3d 24 , 1998-Ohio-704 , certiorari denied (1999), 526 U.S. 1091 . {¶ 10} Appellate counsel first contends that he rendered ineffective assistance for not talking with trial counsel before filing the appellate brief because, had he timely learned about the in-chambers jury instruction discussion, he would not have raised this *Page 6 error on appeal using the plain error standard.

discussed Cited "see, e.g." State v. Rizzo (2×) See Spann v. State, 985 So.2d 1059, 1072 (Fla.2008) (rejecting capital defendant's claim that his depression rendered *1116 his penalty phase jury waiver invalid where record contained no contemporaneous evidence of depression); State v. Eley, 77 Ohio St.3d 174, 182 , 672 N.E.2d 640 (1996) (rejecting capital defendant's "bald assertion that he is so mentally challenged as to be incapable of giving a valid [jury] waiver" because it was "not supported in the record"), cert. denied, 521 U.S. 1124 , 117 S.Ct. 2522 , 138 L.Ed.2d 1023 (1997); see also People v. McLaurin, 184 Ill.2d 58, 95 , 234 Ill.…

discussed Cited "see, e.g." State v. Banks, Unpublished Decision (4-26-2005) See, also, State v. Spivey (1998), 84 Ohio St.3d 24 , certiorari denied (1999), 526 U.S. 1091 . {¶ 6} In his first assignment of error, appellant complains of misconduct by the assistant prosecuting attorney during opening and closing arguments before the jury.