State v. Johnson
2016 Ohio 8286
| Ohio Ct. App. | 2016Background
- On August 1, 2014, a fight at Alex’s Bar in Akron resulted in W.R., D.M., and C.P. being stabbed; Reginald Johnson was charged with three counts of felonious assault (R.C. 2903.11(A)(2)).
- Jury found Johnson guilty as to W.R., not guilty as to D.M., and deadlocked on C.P.; the State later dismissed the C.P. count. Johnson was sentenced to five years.
- Key eyewitnesses for the State included W.R., bar owner Barbara Wells, and Standaisha Glover; photo-array identifications and testimony that Johnson had a knife supported the prosecution.
- Defense raised (1) challenge to an in-court identification (arguing it was impermissibly suggestive after witness left and returned with prosecutor/detective), (2) ineffective assistance for failing to subpoena Officer Urdiales earlier, (3) denial of a requested self-defense jury instruction, and (4) insufficiency/manifest-weight challenges to the felonious-assault conviction.
- Trial counsel objected when the State re-called a witness but did not specifically argue suggestive-identification at trial; counsel explained strategic reasons for late subpoena efforts for Officer Urdiales. Appellate court affirmed conviction on all five assignments of error.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Johnson) | Held |
|---|---|---|---|
| Admission of in-court ID | ID was proper and admissible | ID was impermissibly suggestive (witness left, spoke with prosecutor/detective, then identified Johnson) | Overruled — Johnson failed to preserve specific suggestiveness objection for appeal; court declines to reach merits |
| Ineffective assistance for failing to subpoena Officer Urdiales | Counsel acted reasonably given timing and only sought Urdiales after hearing State’s case | Counsel deficient for not subpoenaing earlier; Urdiales’ testimony would have aided defense | Overruled — proffered testimony was not an alibi and largely corroborative of evidence already presented; no prejudice shown under Strickland |
| Refusal to give self-defense jury instruction | N/A (State opposed instruction) | Trial court erred by denying requested self-defense instruction | Overruled — appellant did not include proposed instruction in the record and failed to preserve the error for review |
| Sufficiency of evidence for felonious assault | Evidence (photo IDs, eyewitness testimony, witness seeing knife, statements) supports conviction | Evidence insufficient to prove Johnson knowingly caused harm with a deadly weapon | Overruled — viewing evidence most favorably to prosecution, a rational juror could find elements proven beyond a reasonable doubt |
| Manifest weight of the evidence | Witness testimony, identifications, and circumstantial evidence support verdict | Conviction against manifest weight; key witnesses unsure or initially unable to ID Johnson | Overruled — appellate court defers to jury credibility determinations and finds no miscarriage of justice |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes ineffective-assistance two-prong test of performance and prejudice)
- State v. Thompkins, 78 Ohio St.3d 380 (distinguishes sufficiency and manifest-weight standards)
- State v. Jenks, 61 Ohio St.3d 259 (standard for sufficiency review: view evidence in prosecution's favor)
- State v. Wolons, 44 Ohio St.3d 64 (exception to waiver for jury instruction when trial court fully apprised of correct law)
- State v. Otten, 33 Ohio App.3d 339 (standard for manifest-weight review)
- State v. Bradley, 42 Ohio St.3d 136 (Strickland application in Ohio context)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (presumption of validity of trial court action absent adequate record)