State v. Birr, 949 N.E.2d 589

Birr was convicted by jury in Fulton County Court, Eastern District, on domestic violence (misdemeanor, fourth degree) and aggravated menacing (misdemeanor, first degree).
Appeal challenges two assignments of error: ineffective assistance of counsel and that the verdicts were against the manifest weight of the evidence.
Trial testimony from Diana Birr described a November 2008 incident with gunshots fired near her and alleged threats to kill horses; she feared for her safety.
Law enforcement found a spent round at the shooting site; a gun and spent round were sent to lab for testing; lab results linked the bullet to the gun.
Diana Birr had delayed reporting the incident, citing fear; she later reported in March 2009, during her husband’s February 2009 related incarceration.
The court affirmed both convictions, addressing the manifest-weight challenge and rejecting the ineffective-assistance arguments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance—speedy trial waiver	Birr argues counsel failed to move to dismiss for speedy-trial violation.	Birr contends counsel failed to secure timely trial or properly waive time requirements.	Waiver record showed valid counsel waiver; no reversible error.
Ineffective assistance—witness identification	Birr argues counsel should have called original counsel as a witness.	Counsel's trial strategy included not calling that witness.	Counsel's strategic decision not to call the witness not ineffective assistance.
Manifest weight of the evidence	Evidence weighs against guilt on both counts.	Verdicts were against the weight of the evidence.	Evidence supported both convictions beyond a reasonable doubt; not against the manifest weight.

State v. Thompkins, 78 Ohio St.3d 380 (1997) (test for manifest weight; thirteenth juror weighing credibility)
State v. Martin, 20 Ohio App.3d 172 (Ohio App.1983) (manifests miscarriage of justice standard)
State v. O’Brien, 34 Ohio St.3d 7 (1987) (waiver of speedy-trial rights must be knowing and voluntary)
Worthington v. Ogilby, 8 Ohio App.3d 25 (Ohio App.1982) (appeal cannot raise denial of speedy trial for first time; record must show waiver)
State v. King, 70 Ohio St.3d 158 (1994) (record of waiver must be on the record)
State v. Hamblin, 37 Ohio St.3d 153 (1988) (presumption of competence of counsel; standard against ineffective assistance)
State v. McGuire, 80 Ohio St.3d 390 (1997) (ineffective-assistance framework applies in Ohio)
State v. Treesh, 90 Ohio St.3d 460 (2001) (trial strategy and witness calling within trial tactics)