State v. Griffith
2017 Ohio 8855
| Ohio Ct. App. | 2017Background
- On May 7, 2016 Richard and Linda West's home was burglarized and approximately $6,280 was taken; Richard West observed an intruder through a door panel and identified the intruder as his next-door neighbor, Timothy B. Griffith.
- The intruder fled by breaking a window; police did not recover physical evidence or take forensic photos at the scene.
- Neighbor Patricia Haddox later testified Griffith hid in her house that night and initially lied to police out of fear; Holly Boysel testified Griffith left her residence that evening and did not return.
- Griffith presented two alibi witnesses placing him elsewhere that weekend. A jury convicted Griffith of burglary (R.C. 2911.12(A)(2)) and theft; the trial court merged counts for sentencing and imposed an 8-year term for burglary plus 696 days for a post-release-control (PRC) violation to be served consecutively.
- On appeal Griffith raised: (1) ineffective assistance for failure to object to a witness’s comment that he had ‘‘just got out of prison,’’ (2) manifest-weight/sufficiency challenges to identity and the ‘‘present or likely to be present’’ element of burglary, and (3) that the trial court erred by ordering his new sentence consecutive to an allegedly void PRC sanction from a prior case.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Griffith) | Held |
|---|---|---|---|
| Ineffective assistance for failure to object to witness saying Griffith had recently been released from prison | Trial counsel's failure did not prejudice the outcome because other strong identification and corroborating evidence supported conviction | Failure to object allowed inadmissible other-bad-act/unduly prejudicial testimony to influence jury | No ineffective assistance: even assuming deficient performance, no prejudice shown under Strickland; conviction stands |
| Manifest weight of the evidence as to identity | Eyewitness ID by homeowner plus neighbor testimony placed Griffith at/near scene; jury best assesses credibility | State testimony was not credible and alibi witnesses made verdict against weight of evidence | Not against manifest weight: jury did not clearly lose its way in crediting State witnesses |
| Sufficiency re: burglary element "present or likely to be present" | House was a regularly inhabited dwelling, family was in and out that day, and Mr. West returned while offense was occurring—sufficient for "likely to be present" | Victims were away on a short camping trip and thus not "present or likely to be present" to support (A)(2) conviction | Sufficient evidence when viewed in favor of prosecution to support R.C. 2911.12(A)(2); conviction stands |
| Sentencing: consecutive term to prior PRC sanction allegedly void | Trial court properly ordered consecutive service; regularity of prior proceedings presumed absent record showing error | Prior case failed to provide required PRC notice making the prior PRC sanction void, so consecutive order is improper | Argument not reviewable on this record: appellant failed to supply prior-case transcript/entry and waived the issue; court presumes regularity and affirms |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-prong test for ineffective assistance of counsel)
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence review)
- Kilby v. State, 50 Ohio St.2d 21 (construing "likely to be present" for burglary prosecutions)
- Bradley v. State, 42 Ohio St.3d 136 (discusses prejudice and competence standards in ineffective-assistance claims)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (appellant bears burden to provide record on appeal)
- Holloway v. State, 38 Ohio St.3d 239 (failure to object alone does not establish ineffective assistance)
- Fears v. State, 86 Ohio St.3d 329 (reiterating ineffective-assistance burden and need to show prejudice)