State v. Leigh, 2017 Ohio 7105

Gregory Leigh was indicted for third-degree felony domestic violence for an incident on Sept. 26, 2015; the indictment alleged a prior record sufficient to elevate the offense under R.C. 2919.25(D)(4).
Victim S.M. testified she was grabbed by the throat, pushed against a wall, and later thrown on a bed; photographs of fresh neck/chest scratches were taken by Deputy Meek and admitted at trial.
Leigh testified he left the room after consensual rough sex and that the marks resulted from sex, denying any choking or holding by the throat.
The prosecution introduced two prior domestic violence convictions to prove the prior-conviction element making the charged offense a felony; defense counsel stipulated to their admission to avoid detailed testimony about them.
The jury convicted Leigh; he was sentenced to 30 months. On appeal he raised three assignments of error: admission of prior convictions, failure to advise of the right to remain silent before testifying, and ineffective assistance of counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of prior domestic-violence convictions	State: prior convictions are an element of felony domestic violence and thus admissible	Leigh: prior convictions were improper other-acts evidence under Evid. R. 404(B) and unduly prejudicial under Evid. R. 403	Court: prior convictions were an essential element and properly admitted; not 404(B) other-acts evidence
Court duty to advise re: right to remain silent before defendant testifies	State: defendant had counsel and had opportunity to consult; voir dire informed jurors defendant need not testify	Leigh: court should have conducted a colloquy to ensure knowing, intelligent, voluntary waiver of Fifth Amendment right	Court: No colloquy required; trial court did not err
Ineffective assistance of counsel (failure to exclude/bifurcate priors; failure to object to officer’s bolstering statement)	Leigh: counsel should have moved to exclude/bifurcate priors and objected to Deputy Meek saying victim “seemed truthful”	State: priors were admissible as elements; counsel’s stipulation was strategic; bolstering testimony was harmless because victim testified and was cross-examined	Court: Counsel’s stipulation was reasonable trial strategy; failure to object to officer’s bolstering was error but harmless—no prejudice shown; ineffective-assistance claim denied

State v. Conway, 109 Ohio St.3d 412 (discretionary review of evidentiary rulings; abuse-of-discretion standard)
State v. Issa, 93 Ohio St.3d 49 (standard for reviewing admission of evidence)
State v. Barnes, 94 Ohio St.3d 21 (abuse-of-discretion framework for evidentiary rulings)
State v. Fry, 125 Ohio St.3d 163 (prior convictions that elevate crime are elements the State must prove)
State v. Bey, 85 Ohio St.3d 487 (defendant’s personal right to testify; no required colloquy)
Strickland v. Washington, 466 U.S. 668 (two-part test for ineffective assistance of counsel)