State v. Cornwell
2011 Ohio 1220
Ohio Ct. App.2011Background
- Indicted Oct. 2, 2009 for complicity to robbery (felony) and petty theft (misdemeanor).
- Trial held Dec. 14, 2009; jury found Cornwell guilty on both counts.
- Sentenced Feb. 3, 2010: five years for complicity to robbery and six months for petty theft, run concurrently.
- Appeal argues ineffective assistance of counsel: (1) failure to prove venue beyond a reasonable doubt, (2) counsel failed to move for acquittal under Crim.R. 29.
- Court held venue established beyond a reasonable doubt and no Crim.R. 29 error; judgment affirmed.
- Concurring opinion notes plain error standard is not applicable to ineffectiveness claim and would also fail on that basis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue was proved beyond a reasonable doubt. | State contends venue established by address/location details. | Cornwell argues lack of venue proof and ineffective assistance. | Venue proven beyond a reasonable doubt; no error in failure to move Crim.R. 29. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes standard for ineffective assistance of counsel)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (establishes prejudice standard for ineffectiveness in Ohio)
- State v. Beuke, 38 Ohio St.3d 29 (1988) (venue proof and waiver principles in Ohio)
- State v. Elliott, 2007-Ohio-2178 (Ohio App. Dist.) (venue can be inferred from victim testimony and locations)
- State v. Draggo, 65 Ohio St.2d 88 (1981) (venue is separate from elements of offense)
- State v. Loucks, 28 Ohio App.2d 77 (1971) (plain-error review limits in appellate courts)
- State v. Dickerson, 77 Ohio St. 34 (1907) (statutory venue framework; proof not always explicit)
- State v. Long, 53 Ohio St.2d 91 (1978) (plain-error review standard guidance)
- State v. Matz, 2009-Ohio-3048 (Ohio App.) (venue/location specifics can suffice for venue)