State v. Kessigner
2014 Ohio 2496
Ohio Ct. App.2014Background
- Kessinger taunted Pack by driving around his cousin’s residence at night and revving his engine; Pack alerted Chief Heizer to the disturbance.
- Chief Heizer, in uniform, responded to the complaint at Pack’s residence and approached the area with flashlight drawn.
- Kessinger accelerated toward Heizer and Pack; Heizer fired a weapon, narrowly missing the vehicle.
- Evidence showed six bullet holes in the Explorer and inconsistent statements from Kessinger, who later claimed he drove away after being fired upon.
- Jury found Kessinger guilty of Assault on a Peace Officer; trial court sentenced him to 17 months plus 936 days of post-release control remaining; on appeal, issues raised include sufficiency of evidence, jury instructions, and ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for Crim.R.29 | Kessinger argues no proof Heizer was in official duties. | State contends Heizer’s duties extended while off duty and during investigation. | Sufficiency supports conviction; evidence shows Heizer was acting in official capacity when assaulted. |
| Jury instructions on Assault on a Peace Officer | Second element improperly framed; error in defining Peace Officer. | Instructions, viewed as a whole, properly instructed jury; any error non-prejudicial. | Not plain error; instructions upheld. |
| Ineffective assistance of counsel | Counsel failed to object, subpoena key witness, and address evidentiary issues. | No prejudice shown; counsel acted within reasonable standards; objections not to be raised for every issue. | No reversible error; no ineffective assistance established. |
Key Cases Cited
- State v. Tenace, 109 Ohio St.3d 255 (2006) (sufficiency standard for Crim.R.29 review; reasonable evidence supports guilt)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (Jackson v. Virginia standard for sufficiency of evidence)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (concrete guidance on circumstantial evidence and standard of review)
- State v. Hardy, 28 Ohio St.2d 89 (1971) (juror instruction review and plain error framework)
- State v. Glover, 52 Ohio App.2d 35 (10th Cir. 1976) (police officer off-duty duties and official duties concept)