State v. Harper, 2013 Ohio 4443

On May 7, 2010 Henry Harper, agitated and armed, forced his wife Tina to drive him to the home of his employer (David Ratliff), threatened her, displayed a handgun, and fired several shots toward Ratliff’s property. Spent 9mm casings and ammunition were recovered. Harper later told a friend he had “just shot at some people.”
Deputies located Harper at a friend’s residence; he tested positive for gunshot residue. A search of Harper’s home revealed 9mm ammunition and empty gun boxes.
Harper had a prior felony conviction (aggravated assault). Harper disputed that the prior had been sealed/expunged but did not produce sealing records at trial; the clerk found no record of sealing.
Indictment: Having Weapons While Under Disability (with firearm specification), Tampering with Evidence, Discharge of Firearm on/near Prohibited Premises, and Kidnapping (with firearm specification). Jury acquitted on tampering but convicted on the other counts; total sentence 8 years (including mandatory 3‑year firearm spec).
Harper appealed arguing (1) insufficiency/manifest weight of evidence, (2) improper jury instruction on “knowingly,” and (3) ineffective assistance of counsel for failing to produce sealing records and not objecting to prior misdemeanor evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency/manifest weight of evidence for Kidnapping, Weapons-under-disability, Discharge of Firearm	State: evidence (threats, forced transport, gunfire, residue, ammo, prior conviction) supports convictions	Harper: wife had opportunities to escape/seek help; evidence circumstantial; prior conviction sealed	Court: convictions supported by sufficient evidence and not against manifest weight; Kidnapping established by force/threat to facilitate felony; weapons offense proven by prior felony and possession; discharge proven by casings and testimony
Jury instruction on “knowingly” for weapons-under-disability	State: given OJI‑style instruction was adequate because statute does not require proof that defendant knew of his disability	Harper: requested alternate OJI wording that would emphasize awareness of facts	Court: no plain error; instruction adequate since R.C. 2923.13 does not make awareness of disability an element
Ineffective assistance (failure to produce BCI/sealing proof)	State: counsel’s performance not shown deficient; Harper failed to introduce sealing record into trial record	Harper: counsel should have produced BCI record showing sealing, and objected to testimony about misdemeanors	Held: Harper failed Strickland prejudice and performance prongs; cannot add records post‑trial; mention of misdemeanors harmless given independent evidence of guilt

Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence in criminal cases)
McDaniel v. Brown, 130 S. Ct. 665 (reaffirming Jackson’s standard)
Thompkins v. Ohio, 78 Ohio St.3d 380 (Ohio manifest‑weight standard)
Jenks v. Ohio, 61 Ohio St.3d 259 (circumstantial evidence has same probative value as direct evidence)
Strickland v. Washington, 466 U.S. 668 (ineffective‑assistance two‑prong test)
Lockhart v. Fretwell, 506 U.S. 364 (prejudice inquiry under Strickland)
State v. Johnson, 128 Ohio St.3d 107 (statutory interpretation: notice of disability not element of weapons‑under‑disability)
United States v. Barnard, 490 F.2d 907 (jury as fact‑finder on credibility)