State v. McDaniel
2011 Ohio 6326
Ohio Ct. App.2011Background
- 911 calls report domestic disturbance at 208 Huron Ave; a seven-year-old girl in a Buick cried that dad killed mom and a bald man paced inside.
- Officers encountered Defendant with a metal pipe-like object; he moved to the back and attempted to exit, then was detained.
- Lamonica Smithson emerged from a back room with injuries and stated Defendant had tried to kill her and she feared for her life.
- Scene evidence showed shattered glass and items on the floor; a pipe near the back door was linked to Defendant’s attempted exit; charged with DV and assault.
- Municipal Court bench trial convicted Defendant of DV and assault; offenses merged; sentenced to 180 days (118 suspended; 60 to serve), 2 years’ community control, and $1,000 fine ($600 suspended).
- Appellate counsel filed an Anders brief; the court conducted independent review and affirmed the judgment, finding no meritorious issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | McDaniel argues trial counsel deficient and prejudicial. | McDaniel asserts counsel's performance fell below objective standards and caused prejudice. | No deficient performance shown; no prejudice. |
| Admission of hearsay and Confrontation Clause rights | McDaniel contends 911 calls and statements were hearsay and testimonial. | McDaniel contends statements were testimonial and violated confrontation rights; admission was improper. | Statements admissible as excited utterances; not testimonial; no Confrontation Clause error. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (anders brief in appeal; counsel not required to raise frivolous issues)
- Penson v. Ohio, 488 U.S. 75 (1988) (independent review of record when no brief is filed)
- Strickland v. Washington, 466 U.S. 668 (1984) (deficient performance must prejudice defendant)
- Bradley v. Ohio, 42 Ohio St.3d 136 (1989) (prejudice under Strickland; standard for ineffective assistance in Ohio)
- Crawford v. Washington, 541 U.S. 36 (2004) (Confrontation Clause testimonial vs non-testimonial distinctions)
- Davis v. Washington, 547 U.S. 813 (2006) (definition of testimonial statements in emergency contexts)
- State v. Sage, 31 Ohio St.3d 173 (1987) (abuse of discretion standard in evidentiary rulings)
- State v. Mills, 2005-Ohio-2128 (2005) (non-testimonial 911 evidence context and related findings)
- Anders v. California, 386 U.S. 738 (1967) (not repeated to avoid redundancy)