State v. Long
19 N.E.3d 981
Ohio Ct. App.2014Background
- Defendant Stacey R. Long was convicted by a jury of kidnapping (R.C. 2905.01(A)(3)), felonious assault (R.C. 2903.11(A)(1)), and domestic violence; the court later merged domestic violence with felonious assault at sentencing.
- Victim Donna Palmatier testified Long assaulted her in her apartment (hair-pulling, punches, being slammed into furniture), dragged her toward a balcony threatening to throw her off, sat on her in the kitchen while holding a knife and threatened to cut her, and she later sought emergency care (concussion, extensive facial bruising, probable rib fracture).
- Evidence included hospital testimony/records, photos, a letter from Long urging the victim to recant, and recorded jail phone calls in which Long’s sister said, “you basically jacked her up so bad” and Long responded, “Yeah, yeah.”
- Long moved for substitute counsel during trial alleging breakdowns in communication and withheld-exculpatory-evidence complaints; the trial court denied relief and Long did not testify.
- At sentencing the court imposed 10 years for kidnapping and 4 years for felonious assault to be served concurrently; Long challenged admission of the recorded statement, counsel performance, denial of substitute counsel, sufficiency/manifest weight, merger of offenses, and the sentence.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Long) | Held |
|---|---|---|---|
| Admissibility of sister’s recorded phone remark | Recording was admissible as an adoptive admission (Long acknowledged it) and properly authenticated; any error harmless | The sister’s statement was hearsay and prejudicial under Evid.R. 403 and Confrontation Clause | Court: admission proper as adoptive admission, authenticated, not unfairly prejudicial; no reversible error |
| Ineffective assistance for failure to object to recording | No deficient performance because admission was proper | Trial counsel ineffective for not objecting to hearsay admission | Court: counsel not deficient because admission was lawful; claim fails under Strickland |
| Denial of substitute counsel | No breakdown of relationship amounting to good cause; disagreements were trial strategy, not complete breakdown | Counsel relationship irreparably broken; withheld investigation and discovery warranted new counsel | Court: no abuse of discretion; disagreements and communication issues did not show complete breakdown |
| Sufficiency/manifest weight of evidence (felonious assault/domestic violence) | Evidence (concussion, severe bruising, probable rib fracture, victim testimony) supports serious physical harm and convictions | Evidence insufficient/ not credible; injuries not serious enough; victim delayed reporting undermines credibility | Court: evidence sufficient; concussion and bruising meet serious-physical-harm threshold; verdict not against manifest weight |
| Merger of felonious assault and kidnapping | Kidnapping and felonious assault can be distinct when movement/restraint not incidental and reflect separate animus | Kidnapping was incidental to a single continuous assault; crimes arose from the same act/state of mind so should merge | Court: felonious assault and kidnapping did not merge — assault preceded and was distinct from dragging/restraint to balcony; separate animus found (majority); dissent would have merged |
| Sentencing review | Sentencing court considered R.C. 2929.12 factors; sentence supported by record | Court failed to consider mental-health/remorse; sentence improper | Court: applied applicable standard (R.C. 2953.08(G)); presumes court considered factors; defendant did not rebut presumption; sentence affirmed |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective-assistance-of-counsel claims)
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000) (facts increasing penalty beyond statutory maximum must be submitted to a jury)
- Blakely v. Washington, 542 U.S. 296 (U.S. 2004) (clarifies Apprendi on sentencing facts and statutory maximum)
- State v. Foster, 109 Ohio St.3d 1 (Ohio 2006) (severed statute provisions post-Apprendi/Blakely; addressed judicial fact-finding in sentencing)
- State v. Johnson, 128 Ohio St.3d 153 (Ohio 2010) (two-part test for allied offenses/merger analysis)
- State v. Logan, 60 Ohio St.2d 126 (Ohio 1979) (guidelines for when movement/restraint supports separate kidnapping offense)
- State v. Sage, 31 Ohio St.3d 173 (Ohio 1987) (trial court's discretion in admitting evidence)
- Oregon v. Ice, 555 U.S. 160 (U.S. 2009) (permissible to require judicial fact-finding before imposing consecutive sentences)