State v. Mayse
88 N.E.3d 1208
Ohio Ct. App.2017Background
- Richard A. Mayse was indicted for one count of felonious assault after a March 20, 2016 altercation in which the victim sustained a broken nose, laceration requiring stitches and surgery, and permanent scarring.
- State witnesses (victim, Hummel, police, and a plastic surgeon) described Mayse striking the victim; defense witness (Temple) testified the victim’s injuries resulted when Hummel collided with her during a fight between Hummel and Mayse.
- Police observed blood in multiple rooms; Mayse admitted striking Hummel but denied striking the victim, offering alternative explanations for the bleeding.
- At trial the jury found Mayse guilty; he was sentenced to six years imprisonment and appealed.
- On appeal Mayse raised four assignments: (1) trial court erred by denying a juror challenge for cause; (2) trial court erred by denying a mistrial after the State failed to disclose the victim’s prior convictions; (3) ineffective assistance of counsel; (4) conviction against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Mayse) | Held |
|---|---|---|---|
| Denial of juror challenge for cause (Juror Creps) | Trial court properly examined juror and found he could be impartial | Creps indicated bias (wouldn’t want himself as a juror if he were defendant); should have been excused for cause | No reversible error: defense used a peremptory to remove Creps and did not exhaust peremptories, so no constitutional violation |
| Motion for mistrial for nondisclosure of witness criminal record | Nondisclosure was inadvertent; court cured prejudice by informing jury of convictions and limiting use to credibility | Failure to disclose deprived Mayse of fair trial and warranted mistrial | Denied: no willfulness shown, prior convictions not exculpatory, jury was instructed and no prejudice shown |
| Manifest weight of the evidence | N/A (State argues evidence supported conviction) | Verdict unreliable because Temple’s testimony offered alternate cause of injuries | Affirmed: jury credited State witnesses; medical and scene evidence supported that Mayse caused serious physical harm |
| Ineffective assistance of counsel (multiple alleged failures) | Trial counsel provided reasonable strategic decisions; no substantial violation or prejudice | Counsel failed to challenge biased jurors, object to testimony, introduce medical records, move to exclude probation references, or object to non-expert blood-splatter testimony | Denied: appellate court found counsel’s decisions were reasonable trial strategy, errors (if any) were nonprejudicial and not ineffective assistance |
Key Cases Cited
- Trimble v. Ohio, 122 Ohio St.3d 297 (Ohio 2009) (trial court has broad discretion in juror impartiality determinations)
- Gray v. Mississippi, 481 U.S. 648 (U.S. 1987) (prejudice inquiry when challenge-for-cause wrongly denied considers effect on jury panel)
- State v. Broom, 40 Ohio St.3d 277 (Ohio 1988) (defendant must exhaust peremptory challenges and show seated juror was not impartial to claim constitutional error)
- State v. Williams, 79 Ohio St.3d 1 (Ohio 1997) (erroneous denial of challenge for cause is prejudicial if defendant exhausts peremptories)
- State v. Treesh, 90 Ohio St.3d 460 (Ohio 2001) (mistrial is an extraordinary remedy; appellate review is abuse-of-discretion)
- Lakewood v. Papadelis, 32 Ohio St.3d 1 (Ohio 1987) (trial court has discretion to fashion sanctions for Crim.R.16 violations)
- State v. Jackson, 107 Ohio St.3d 53 (Ohio 2005) (reversible error for discovery violations requires willfulness, usefulness, and prejudice)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for manifest-weight review)