State v. Lanier, 2020 Ohio 3394

On May 5, 2018, after an argument in a bar, Darryl Lanier backhanded his fiancée Sonia Gallardo, causing a broken, displaced nasal fracture, an open wound exposing bone, and a chipped tooth.
Troopers stopped Lanier's vehicle after a bystander report; Gallardo was bloody and told officers Lanier struck her. Photographs and medical records documented blood spatter in the car and injuries.
Dr. Cramer diagnosed comminuted bilateral nasal fractures and a fractured nasal septum, cleaned and sutured an open wound, prescribed antibiotics and pain medication, and referred Gallardo for specialist realignment to avoid breathing impairment.
Lanier was indicted for felonious assault (R.C. 2903.11(A)(1)), proceeded to jury trial, and was convicted; the court later sentenced him to four years' imprisonment.
On appeal Lanier argued (1) the trial court committed plain error by failing to instruct the jury on the lesser-included offense of simple assault and (2) trial counsel was ineffective for not requesting that instruction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by not giving a lesser‑included instruction (simple assault)	Evidence established serious physical harm; no reasonable jury could find only simple assault, so instruction not warranted	Evidence could support only accidental or minor injury; a lesser instruction was necessary	No error: evidence (displaced nasal fractures, open wound, stitches, need for specialist) established serious physical harm as a matter of law
Whether trial counsel was ineffective for failing to request the lesser‑included instruction	Counsel not ineffective because requesting the instruction would have been futile	Counsel erred by not requesting the instruction, depriving Lanier of a fair trial	No ineffective assistance: counsel need not make futile requests; Strickland standard not met

State v. Deem, 40 Ohio St.3d 205 (1988) (sets the three‑part test for lesser‑included offenses)
State v. Wine, 140 Ohio St.3d 409, 18 N.E.3d 1207 (2014) (lesser‑included instruction required only when evidence reasonably supports both acquittal on charged offense and conviction on lesser offense)
Strickland v. Washington, 466 U.S. 668 (1984) (two‑part ineffective‑assistance standard: deficient performance and prejudice)
Beck v. Alabama, 447 U.S. 625 (1980) (discusses common‑law basis for lesser‑included instructions and jury options)
State v. Hamblin, 37 Ohio St.3d 153 (1988) (presumption of competence for counsel; burden on defendant to show ineffective assistance)
Vaughn v. Maxwell, 2 Ohio St.2d 299 (1965) (cited regarding the presumption of competent counsel)
State v. Mitchell, 53 Ohio App.3d 117 (1988) (no duty to make futile procedural requests)