State v. Frazier
2017 Ohio 8594
| Ohio Ct. App. | 2017Background
- Defendant Cliff Frazier was charged with felonious assault after stabbing Neal Bledsoe in an alley during an encounter involving both men and Kelli Mitchell, who had been romantically involved with each.
- Bledsoe suffered a deep neck laceration (both jugulars) and required surgery; he identified Frazier at the hospital.
- Frazier admitted arriving armed with a razor, hid the blade in his truck after the incident, and gave inconsistent statements to police about who struck first and whether he acted to defend himself or Mitchell.
- At trial Frazier advanced self-defense and defense-of-others theories; the jury convicted him of felonious assault.
- Frazier appealed, arguing (1) ineffective assistance of counsel for failure to request an aggravated-assault (inferior-degree) instruction, and (2) that the conviction was against the manifest weight of the evidence.
- The appellate court affirmed, holding counsel was not ineffective and the verdict was not against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not requesting an aggravated-assault instruction | State: No prejudice; no evidence supported instruction on sudden passion/provocation | Frazier: Counsel should have requested instruction on aggravated assault as an inferior degree offense | Court: No—trial strategy plausible; record lacked evidence of sudden passion/provocation, so no duty to request instruction |
| Whether conviction was against the manifest weight of the evidence | State: Evidence (injury, ID, defendant’s statements, concealment of weapon) supports verdict | Frazier: He acted in self-defense/defense of others; jury should have acquitted or convicted lesser offense | Court: No—conflicting testimony, credibility for jury to resolve; defendant gave inconsistent statements and offered no objective evidence of imminent danger |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (standard for ineffective assistance of counsel)
- State v. Deem, 40 Ohio St.3d 205 (1988) (distinguishing inferior-degree offenses and when instruction is required)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (manifest-weight-of-the-evidence standard)
- State v. Cassano, 96 Ohio St.3d 94 (2002) (elements of self-defense)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (deference to factfinder on witness credibility)