State v. Collins
2011 Ohio 4475
Ohio Ct. App.2011Background
- State v. Collins, Ohio Second Appellate District, Miami County, Appellate Case No. 2010-CA-22, appeal from a criminal conviction.
- Ex parte temporary Civil Protection Order issued March 5, 2010 prohibiting Collins within three blocks of Griffieth’s workplace and residence.
- Consent Agreement Protective Order entered April 1, 2010 with identical prohibitions, signed by Collins.
- On March 23, 2010, Collins allegedly walked toward Griffieth’s home and came within one block; Griffieth testified to similar proximity.
- Exhibit 1 (Consent Protection Order) admitted at trial; Exhibit 2 (ex parte order) later admitted; Collins admitted the ex parte order was in effect on March 23.
- Defense counsel did not move for a Crim.R. 29 judgment of acquittal; Collins testified but admitted knowledge of the order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was trial counsel ineffective for not moving Crim.R.29? | Collins argues failure to move denied fair trial and deprived conviction. | Collins contends counsel’s omission was ineffective under Strickland. | Not ineffective; no prejudice shown under Strickland. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective-assistance standard; prejudice required)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (prejudice showing required to prove ineffective assistance)
- State v. Olsen, 2011-Ohio-3420 (8th Dist. 2011) (trial strategy allowed wide latitude; no automatic ineffectiveness)
- State v. Salaam, 2003-Ohio-1021 (Hamilton 2003) (discretion to reopen evidence; evidentiary defects may be cured by re-opening)