State v. McDonald
2017 Ohio 8496
| Ohio Ct. App. | 2017Background
- Victim C.O. broke up with McDonald while he was incarcerated; McDonald sent threatening texts and C.O. obtained a restraining order.
- On Nov. 8, 2015 C.O. returned to her apartment and found McDonald inside; she testified he pointed a handgun at her forehead during a struggle and she fled and hid in the parking lot.
- Neighbor Jason Strange heard the screams, saw a hooded man leave the building and pick up a bag; stolen electronics and other items were later found missing from C.O.’s unit; two zip ties and torn blinds/bed disturbed were observed.
- McDonald was arrested; recorded jail calls included admissions about selling electronics and statements about disassembling and hiding a “Smith” (Smith & Wesson) pistol; no gun was recovered.
- Indicted for aggravated burglary with a one-year firearm specification and having a weapon while under disability; convicted by jury and sentenced to an aggregate 11-year prison term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated burglary (deadly weapon) / manifest weight | State: C.O.’s eyewitness testimony, texts threatening violence, jail calls about hiding a gun, and circumstantial evidence support guilt | McDonald: Evidence insufficient and testimony unreliable; neighbor didn’t see a gun | Affirmed — evidence sufficient; verdict not against manifest weight; jury credited victim and corroborating evidence |
| Prosecutorial misconduct in closing argument | State: closing comments were reasonable inferences from texts, testimony, and jail calls | McDonald: prosecutor offered personal opinions, denigrated jury, and improperly commented on evidence | No plain error; statements were within permissible inference/commentary and supported by record |
| Ineffective assistance for failing to request lesser-included burglary instruction | State: trial counsel chose an "all-or-nothing" strategy; no reasonable probability outcome would differ | McDonald: counsel should have requested burglary instruction | No ineffective assistance — strategic choice, not deficient, and no showing remedy would have changed outcome |
| Ineffective assistance for failing to object to prosecutor’s remarks / cumulative error | State: there were no meritorious objections because statements were supported by evidence; no individual errors | McDonald: counsel’s failure to object prejudiced his trial; cumulative harmless errors deprived fair trial | No ineffective assistance; no cumulative error because no prejudicial errors occurred |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (adopts Strickland standard for Ohio)
- State v. DeHass, 10 Ohio St.2d 230 (Ohio 1968) (credibility determinations are for the trier of fact)
- State v. Hanna, 95 Ohio St.3d 285 (Ohio 2002) (test for prosecutorial misconduct)
- State v. Long, 53 Ohio St.2d 91 (Ohio 1978) (plain-error standard)
- State v. Apanovitch, 33 Ohio St.3d 19 (Ohio 1987) (focus on fairness of trial in prosecutorial-misconduct review)