2023 Ohio 4237
Ohio Ct. App.2023Background
- Amanda Andrews was indicted on counts including violation of a protection order, menacing by stalking, and two counts of nonsupport of dependents; three other counts were dismissed pretrial. She was convicted after a jury trial.
- Facts: Andrews obtained and continued harassing her former partner M.K. (texts, calls, threats, damage to security cameras); Lucas County issued a DVCPO (ex parte June 4, 2021; full order later effective until 2026) and Andrews was served Sept. 13, 2021. Key incidents occurred Aug. 17, Sept. 22, and Oct. 14, 2021 (calls/FaceTime from Andrews).
- Child support: per a Nov. 26, 2019 divorce decree Andrews owed $2,177.72/month and failed to pay support for 66 of 104 weeks between Nov. 2, 2019 and Nov. 2, 2021.
- Trial rulings: the court reclassified the protection-order count from a felony to a first-degree misdemeanor for sentencing purposes; Andrews was sentenced to concurrent terms (suspended) and placed on community control.
- Appeals: Andrews raised four assignments—manifest weight, denial of severance (Crim.R. 8/14), ineffective assistance for failure to renew severance motion, and cumulative error. The Sixth District affirmed and remanded for correction of Count 2’s statutory citation in the judgment entry.
Issues
| Issue | Plaintiff's Argument (Andrews) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether convictions were against the manifest weight of the evidence | Jury lost its way; Andrews claimed she did not know the full DVCPO remained in effect and lacked ability to pay child support | Evidence supported recklessness in violating the served DVCPO, substantial harassment/menacing evidence, and proof of 66 weeks nonpayment; affirmative defense to nonsupport not proven | Affirmed: convictions not against manifest weight for protection-order violation (served Sept.13), menacing by stalking, and nonsupport counts (no showing of inability to pay during indictment period) |
| Whether trial court erred in denying severance of harassment/menacing counts from nonsupport counts (Crim.R. 8/14) | Joinder prejudiced Andrews by portraying her as a bad person and may have caused nonsupport counts to be tried only because joined | Joinder is favored; evidence for each count was simple and direct and jury could compartmentalize; no undue overlap or prejudice; jury instructed to consider counts separately | No plain error: denial of severance affirmed |
| Whether trial counsel was ineffective for failing to renew the severance motion during trial | Counsel’s failure to renew waived the issue and prejudiced Andrews because it relegated review to plain-error standard | Even had counsel renewed, denial would have been same; underlying severance claim lacks merit, so no prejudice from counsel’s omission | Ineffective-assistance claim denied (no deficient performance or prejudice) |
| Whether cumulative errors by counsel require reversal | Multiple individual trial errors compounded to prejudice the defense | Individual alleged errors were meritless or strategic, largely duplicative, and would not have altered the outcome | Cumulative-error claim fails because individual claims lack merit; conviction affirmed |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (manifest-weight standard and appellate role as "thirteenth juror")
- State v. Lott, 51 Ohio St.3d 160 (1990) (Crim.R. 14 severance standard and prejudice burden)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-pronged ineffective-assistance test: deficient performance and prejudice)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (counsel-performance review deferential standard)
- State v. Gordon, 152 Ohio St.3d 528 (2018) (preservation and plain-error review for severance challenges)
- State v. Long, 53 Ohio St.2d 91 (1978) (plain-error/notice standard)