State v. Bryant
2017 Ohio 5490
| Ohio Ct. App. | 2017Background
- On December 12, 2015 a detached garage in Piqua owned by defendant’s uncle was set on fire; Piqua Fire and Police responded and identified Richard T. Bryant, Jr. as a suspect after a witness description and interviews.
- Bryant was indicted by the Miami County Grand Jury for one count of Arson (felony 4th degree) and tried over two days; the jury convicted him and the court sentenced him to 17 months' imprisonment.
- Fire Investigator Cleadous Hawk, II (a Piqua firefighter) investigated the scene, collected items, and sent material to the State Fire Marshal’s lab; he testified at trial without being formally proffered as an expert.
- Bryant appealed, arguing (1) Hawk’s testimony required an expert proffer and its admission violated his rights, (2) the court erred by not changing venue / not probing juror exposure to publicity, and (3) trial counsel was ineffective for failing to request a competency hearing (and for advising him not to testify).
- The appellate court reviewed waiver/plain-error principles for objections not raised at trial, voir dire and juror questioning conducted at trial, and the Strickland standard for ineffective-assistance claims.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Bryant) | Held |
|---|---|---|---|
| Admission of Investigator Hawk’s testimony without expert proffer | Hawk’s scene testimony was proper; items collected and observations are non-expert fact testimony | Hawk testified to cause and tied evidence to arson and Bryant without being proffered as an expert, violating right to confront accuser | No plain error; testimony as to items and cause did not require expert status and defendant didn’t show different outcome would have occurred |
| Change of venue / juror exposure to pretrial publicity | Trial court voir dire asked about prior knowledge and relationships; no motion for change of venue was made | Pretrial publicity and juror familiarity with defendant/family required venue change and more probing of jurors | Waived (no motion made). Voir dire was adequate; defendant failed to show impartial jury violation |
| Competency hearing request by defense counsel | No indicia of incompetence in record to trigger a competency hearing; presumption of competence stands | Trial counsel should have requested competency hearing because Bryant is a slow learner and showed confusion; counsel was ineffective for not doing so | No sufficient indicia of incompetence in the record; counsel’s failure to request a hearing was not deficient nor prejudicial |
| Ineffective assistance for advising defendant not to testify | Counsel’s advice not to testify falls within reasonable trial strategy under Strickland | Counsel overrode defendant’s wish to testify and deprived him of showing diminished capacity | Court finds no deficient performance or prejudice; claim fails |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-part test for ineffective assistance: deficient performance and prejudice)
- State v. Long, 53 Ohio St.2d 91 (Ohio 1978) (plain-error standard requiring a showing that outcome would clearly have been different)
- State v. Bryan, 101 Ohio St.3d 272 (Ohio 2004) (failure to object at trial waives all but plain error review)
- State v. Campbell, 90 Ohio St.3d 320 (Ohio 2000) (failure to request change of venue waives the issue on appeal)
- State v. Berry, 72 Ohio St.3d 354 (Ohio 1995) (competency hearing required if record contains sufficient indicia of incompetence)