State v. Howard, 2012 Ohio 3459

Andre Howard, Jr. was convicted after a bench trial of felonious assault, improperly discharging a weapon into a habitation, and having weapons while under disability, with firearm specifications.
The State charged four counts of felonious assault, two counts of improperly discharging a weapon into a habitation, and one count of weapons under disability, asserting complicity via driving the vehicle and as principal conspirator.
Witnesses identified Howard as the driver of the gray Delta involved in the shooting; the vehicle passed the target house multiple times and shots were fired from both the vehicle and accompanying riders.
William Jenkins was struck in the head by a gunshot; bullet holes were found in neighboring houses; multiple witnesses linked Howard to the shooting and his driving, with accompanying corroborating testimony.
Howard admitted driving by the East 84th Street house and engaging in violence with Madelyn Jenkins, and he testified otherwise but acknowledged lying about his alibi.
The trial court found Howard guilty on all charges with the corresponding gun specifications and sentenced him to an aggregate term of 12 years, with sentences running concurrently.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence to convict	State argues evidence supports driving and aiding and abetting.	Howard argues lack of driver identification and inconsistent gunfire sources.	Sufficient evidence; convictions upheld.
Manifest weight of the evidence	State contends the record supports a reasonable inference of complicity.	Howard contends the jury lost its way given witness inconsistencies.	Not against the weight; convictions upheld.
Ineffective assistance of counsel	State contends counsel's performance was reasonable.	Howard argues counsel failed to call alibi witnesses and cross-examination was inadequate.	No merit; counsel's performance deemed reasonable.

State v. Leonard, 104 Ohio St.3d 54 (2004) (standard for sufficiency review)
State v. Jenks, 61 Ohio St.3d 259 (1991) (reasonable doubt; jury standard)
State v. Tenace, 109 Ohio St.3d 255 (2006) (credibility and weight of evidence guidance)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (manifest weight and sufficiency interplay)
State v. Johnson, 93 Ohio St.3d 240 (2001) (aiding and abetting standards by inference)
State v. Sims, 10 Ohio App.3d 56 (1983) (aiding and abetting requires involvement beyond presence)