State v. Howard
2013 Ohio 1972
Ohio Ct. App.2013Background
- Howard was convicted of aggravated burglary, aggravated robbery, rape, and kidnapping with firearm specifications in Stark County case 2011CR1470B.
- The home invasion occurred Aug 19, 2012 in North Canton; two armed intruders bound and assaulted the couple and searched for cash.
- Evidence included surveillance/video from Wal-Mart purchases, DNA, a YouTube interview, and witness identifications.
- Howard’s codefendants were Obermiller and Taylor; they received differing pleas and sentences.
- The trial court imposed a 30-year aggregate sentence; on appeal, convictions were affirmed but sentence remanded for allied-offense merger analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Howard was deprived of counsel of choice | Howard exercised Sixth Amendment right. | Court denied substitution and continuance. | No abuse of discretion; right preserved. |
| Whether the sentencing violated allied-offense merger rules | Johnson framework requires merger if same conduct. | Some offenses not allied; merger not required. | Remand for resentencing; vacate and reconsider sentences. |
| Whether Howard received effective assistance of counsel | Counsel failed to challenge identifications and offer window model. | Strategic trial decisions acceptable. | Not reversible; no prejudice shown. |
| Whether Howard is a sexual predator designation | R.C. 2950.01(G) applies to rape conviction. | Statutory interpretation inappropriate. | Assignment overruled. |
| Whether the evidence supports the convictions and their weight | Evidence sufficient for all four offenses. | Possible alternative interpretations exist. | Evidence sufficient; verdict not against weight. |
Key Cases Cited
- Caplin & Drysdale, Chartered v. United States, 491 U.S. 617 (1989) (right to counsel of choice engaged with complex conflicts)
- Powell v. Alabama, 287 U.S. 45 (1932) (fundamental right to counsel in capital cases)
- Gonzalez–Lopez, 548 U.S. 140 (2006) (automatic reversal for erroneous deprivation of counsel of choice)
- Wheat v. United States, 486 U.S. 153 (1988) (limits on right to counsel of choice; calendar management by court)
- Ungar v. Sarafite, 376 U.S. 575 (1964) (trial court discretion on continuances; due process)
- State v. Johnson, 128 Ohio St.3d 153 (2010) (new allied-offense merger framework under 2941.25)