2020 Ohio 5057
Ohio Ct. App.2020Background
- Devin D. Howard was indicted for aggravated robbery, two counts of kidnapping, complicity to safecracking, and identity fraud; firearm specifications accompanied Counts 1–4.
- At trial the State presented eyewitness testimony identifying Howard (including two Dollar Tree employees and the store manager), physical evidence with inconclusive fingerprints/DNA, and a recorded confession in which Howard admitted using fraudulent ID, working as "Kahri," and robbing the store with a loaded handgun.
- Howard testified, denied the robbery, claimed his confession was coerced (including by threat to prosecute his brother and an alleged excessive canine deployment), and admitted substance abuse; his brother Kahri and their mother testified that Kahri did not work at Dollar Tree.
- Shortly before trial Howard sought to discharge retained counsel and to represent himself; the court denied the request as untimely and a likely delay tactic. A competency evaluation was conducted and the court later found Howard competent.
- The jury convicted Howard on all counts; the court merged counts for sentencing, proceeded on aggravated robbery, and imposed 10 years on aggravated robbery, 11 months for identity fraud (concurrent), plus 3 years for the firearm spec, with five years of post-release control.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of motion to discharge retained counsel / self-representation | Court properly balanced right to counsel of choice against docket and delay; motion was last-minute | Howard sought to remove counsel and represent himself because counsel declined to file motions he wanted | No abuse of discretion; request untimely, not unequivocal, and appeared aimed at delay |
| Ineffective assistance of counsel | Counsel made reasonable tactical choices; no prejudice | Counsel failed to move to suppress confession, object to hearsay/bad-acts (AR-15 testimony), and leading questions | No ineffective assistance; confession admissible, strategy explained, and any hearsay was cumulative/no prejudice |
| Manifest weight of the evidence | Eyewitnesses plus recorded confession supported convictions | General claim evidence did not prove guilt beyond reasonable doubt | Convictions were not against the manifest weight; jury verdicts were supported by credible evidence |
| Sufficiency of the evidence / Crim.R. 29(A) | Evidence (eyewitness IDs and confession) satisfied elements of aggravated robbery and identity fraud | Evidence insufficient to prove elements beyond a reasonable doubt | Evidence was legally sufficient to sustain convictions for aggravated robbery and identity fraud |
Key Cases Cited
- Wheat v. United States, 486 U.S. 153 (1988) (right to counsel of choice not absolute; courts balance interests)
- Gonzalez-Lopez v. United States, 548 U.S. 140 (2006) (courts have latitude balancing counsel-of-choice against fairness and docket control)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance: deficient performance and prejudice)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency of the evidence review)
- State v. Belton, 149 Ohio St.3d 165 (2016) (voluntariness of waiver/confession evaluated under totality of circumstances)
- Thompkins v. Ohio, 78 Ohio St.3d 380 (1997) (distinguishes sufficiency and manifest-weight review)