State v. Higgins, 2012 Ohio 5650

Defendant-appellant Thomas Higgins was convicted of felonious assault with an accompanying firearm specification and having weapons while under disability; the aggravated robbery count was dismissed after a hung jury.
Milgrim brothers testified they met Higgins to buy marijuana; a gun was produced and a shooting occurred in the backseat, injuring J.A. Milgrim.
Higgins claimed he fled after a shot was fired and that the Milgrims’ brother identified him as the shooter.
The jury acquitted Higgins of having weapons while under disability but convicted him of felonious assault with a firearm specification; the court sentenced him to eight years.
Higgins argues ineffective assistance of counsel, challenging the sufficiency of the felonious assault evidence, and asserting the verdict was against the manifest weight of the evidence.
The trial included testimony that Higgins and a companion rode in the Milgrims’ car, a gun was discharged during a struggle over money, and medical injuries occurred to J.A. Milgrim; Higgins’ account differed substantially.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance of counsel for not filing pretrial discovery motions	Higgins contends lack of pretrial motions prejudiced defense	Higgins asserts no discovery was provided	First assignment overruled
Sufficiency of evidence for felonious assault under R.C. 2903.11	State argues evidence supports serious physical harm and mens rea	Higgins argues no proof of serious physical harm or knowing conduct	Second assignment overruled
Conviction against the manifest weight of the evidence	Jury believed Milgrims over Higgins	Higgins claims weight favors him	Third assignment overruled

Strickland v. Washington, 466 U.S. 668 (U.S. (1984)) (ineffective assistance test; prejudice required)
State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (objective reasonableness; prejudice requirement)
State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency standard; rational trier of fact)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (sufficiency of evidence; standard applied)
State v. Sales, 2011-Ohio-2505 (Ohio Ct. App. 9th Dist. (2011)) (serious physical harm can be inferred from medical treatment sought)
State v. Murphy, 2010-Ohio-1038 (Ohio Ct. App. 9th Dist. (2010)) (knowledge standard for felonious assault; )
State v. Powell, 2009-Ohio-2822 (Ohio Ct. App. 11th Dist. (2009)) (knowing conduct need not be intentional harm)
State v. Lee, 2003-Ohio-5640 (Ohio Ct. App. 8th Dist. (2003)) (serious physical harm; inference without expert testimony)
State v. Martin, 20 Ohio App.3d 172 (Ohio Ct. App. 1st Dist. (1983)) (weight-of-the-evidence standard; exceptional case)
Otten, 33 Ohio App.3d 339 (Ohio Ct. App. 9th Dist. (1986)) (thirteenth juror concept; weight review)
State v. Witcher, 2012-Ohio-4141 (Ohio Ct. App. 9th Dist. (2012)) (role of the weight of evidence; credibility of witnesses)
State v. DeHass, 10 Ohio St.2d 230 (1967) (standard for appellate review of witness credibility)
Sweeten, 2007-Ohio-6547 (Ohio Ct. App. 9th Dist. (2007)) (ineffective-assistance premised on missing record evidence handled via post-conviction)