State v. Cannon, 2011 Ohio 2394

Cannon was convicted by a jury of kidnapping, two felonious assaults, burglary, menacing by stalking, and impersonating an officer, following a February 2009 incident with Carswell and related conduct.
The State originally charged domestic violence, kidnapping, aggravated robbery, menacing by stalking, impersonation of officers, two counts of felonious assault, and two counts of burglary; the domestic violence charge was dismissed.
Carswell testified that Cannon drove erratically, struck her with the car, assaulted her, and held her at a different location; she required hospitalization for several days and sustained substantial injuries.
Cannon’s family and Carswell’s mother testified to repeated unwanted visits, phone calls, and entries into Carswell’s home, causing fear and distress, with 911 calls admitted as evidence.
Detectives testified that Cannon entered Carswell’s home through an open window the night before his arrest, contradicting Cannon’s claim that he had a key and permission to be there.
On appeal, Cannon challenges sufficiency and manifest weight of the felonious assault, burglary, and menacing by stalking convictions, and argues ineffective assistance of counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency/weight for multiple felonies	Cannon argues the State failed to prove serious physical harm and other elements.	Cannon contends the evidence was insufficient or against the manifest weight for the challenged convictions.	Evidence supports felonious assault, burglary, and menacing; not against the weight or sufficiency.
Ineffective assistance of counsel	Cannon claims multiple failings by counsel affected trial outcome.	Cannon asserts trial and appellate counsel were ineffective in various respects.	No ineffective assistance; trial strategy and actions were reasonable; conviction affirmed.

State v. Thompkins, 78 Ohio St.3d 380 (1997) (distinguishes sufficiency vs. manifest weight)
State v. Jenks, 61 Ohio St.3d 259 (1991) (focuses on sufficiency standard for criminal convictions)
State v. Wilson, 113 Ohio St.3d 382 (2007) (reiterates standard for manifest weight review)
State v. Madrigal, 87 Ohio St.3d 378 (2000) (ineffective assistance framework; Strickland standard)
Strickland v. Washington, 466 U.S. 668 (1984) (establishes two-prong deficient performance and prejudice test)
State v. Hester, 45 Ohio St.2d 71 (1976) (clarifies )
State v. Jalowiec, 91 Ohio St.3d 220 (2001) (deference to defense strategy; no reversal for strategic choices)
Kramer v. Kramer, 2002-Ohio-4383 (2002) (pattern of conduct requires proof of mental distress)