State v. Brumley
2017 Ohio 8803
| Ohio Ct. App. | 2017Background
- On June 28, 2016, Dreshon Brumley forcefully removed his then-fiancé, Katrina Hamilton, from bed, dragged her to another room, threw her on a bed, straddled her, slapped and choked her while verbally abusing her.
- After a brief break to speak with a third party, Brumley returned and again slammed and choked Hamilton; later the same evening he punched her in the ribs, threw her to the floor, and slammed her head into the floor multiple times.
- Over subsequent days Hamilton suffered repeated beatings; she later fled the home, police were called, and medical exams revealed a fractured left 10th rib, a partially collapsed lung, bruising, scratches, and other injuries.
- Brumley was indicted for kidnapping (R.C. 2905.01(A)(3)), felonious assault (R.C. 2903.11(A)(1)), and two counts of domestic violence (R.C. 2919.25).
- A jury convicted Brumley of kidnapping, felonious assault, and one count of felony domestic violence; he was acquitted of the other domestic-violence count and sentenced to concurrent prison terms (10 years for kidnapping, 7 years for felonious assault, 18 months for domestic violence).
- On appeal Brumley challenged (1) sufficiency and weight of the evidence supporting the kidnapping conviction, and (2) failure to merge felonious assault and domestic violence as allied offenses and counsel’s ineffectiveness for not arguing merger.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for kidnapping | State: evidence that Brumley removed and restrained Hamilton by force to terrorize her satisfied R.C. 2905.01(A)(3) | Brumley: victim’s staying with him and not calling police undermines claim he terrorized or restrained her | Held: Sufficient evidence; jury could find removal/restraint to terrorize beyond a reasonable doubt |
| Manifest weight of evidence for kidnapping | State: victim’s testimony and injuries supported conviction | Brumley: victim’s post-assault behavior (remaining with him, not seeking help) undermines credibility | Held: Weight supports conviction; victim explained reasons for staying, court found no miscarriage of justice |
| Whether felonious assault and domestic violence are allied offenses subject to merger | State: offenses arose from discrete incidents causing separate harms and different animus | Brumley: offenses overlap and should merge under R.C. 2941.25 | Held: Not allied—different import and separate incidents (choking caused scratches; later punch caused broken rib); no merger required |
| Ineffective assistance for not arguing merger | Brumley: counsel should have argued merger; failure was deficient and prejudicial | State: no error because offenses are not allied; no prejudice | Held: No ineffective-assistance—no plain error and counsel not deficient because merger argument would fail |
Key Cases Cited
- State v. Troisi, 179 Ohio App.3d 326 (Ohio App. 2008) (sufficiency standard; view evidence in light most favorable to prosecution)
- State v. Williams, 134 Ohio St.3d 482 (Ohio 2012) (standard of review for allied-offenses/merger issues)
- State v. Washington, 137 Ohio St.3d 427 (Ohio 2013) (burden on defendant to establish entitlement to merger)
- State v. Ruff, 143 Ohio St.3d 114 (Ohio 2015) (three-part test for allied offenses: conduct, animus, import)
- State v. Johnson, 112 Ohio St.3d 210 (Ohio 2006) (plain-error standard in criminal cases)
- State v. Long, 53 Ohio St.2d 91 (Ohio 1978) (plain-error/Crim.R. 52(B) cautionary standard)