State v. Denihan
2016 Ohio 7443
| Ohio Ct. App. | 2016Background
- On August 3, 2015, Erick Denihan and his wife, Heather Denihan, were involved in a domestic altercation; Denihan was charged with one count of domestic violence (R.C. 2919.25(A)).
- Denihan pleaded not guilty and proceeded to a bench trial on December 17, 2015; the State called the victim and a deputy, and Denihan testified in his defense.
- The municipal court found Denihan guilty and imposed a 60-day jail sentence (59 days suspended), anger-management enrollment, no contact with the victim until completion, two-year no-similar-offense condition, and a $250 fine.
- On appeal, Denihan’s sole claim was ineffective assistance of trial counsel for failing to subpoena and introduce photographs of his injuries (bite marks) that he contended would show he was the victim.
- The photographs were not part of the trial record; the court declined to consider evidence outside the record on direct appeal and noted alternative post-judgment remedies in municipal cases are limited.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not presenting photographs of appellant’s injuries | State: trial record controls; no proof in record that counsel performed deficiently | Denihan: photos would show he suffered more severe injuries and rebut victim’s account; counsel should have subpoenaed them | Court: Cannot decide ineffective-assistance claim on direct appeal when it requires evidence outside the record; claim not considered here |
Key Cases Cited
- Bradley v. State, 42 Ohio St.3d 136 (establishes Ohio ineffective-assistance standard adopting Strickland)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance standard: deficient performance + prejudice)
- Phillips v. State, 74 Ohio St.3d 72 (debatable trial tactics do not constitute deficient performance)
- Madrigal v. State, 87 Ohio St.3d 378 (limitations on deciding claims that require proof outside the record on direct appeal)
- Cowan v. State, 101 Ohio St.3d 372 (municipal courts lack jurisdiction to entertain R.C. 2953.21 postconviction petitions)