State v. Meyers
2014 Ohio 5610
Ohio Ct. App.2014Background
- Appellant Christopher Meyers was tried and convicted by a jury of felony fourth-degree assault on a police officer (R.C. 2903.13(A)) and misdemeanor resisting arrest (R.C. 2921.33(A)) after an incident at Bunker Hill Apartments on April 13, 2013.
- Officers Blaney and Hollis responded to a disturbance; Meyers appeared heavily intoxicated, uncooperative, swaying, spitting, and growling during questioning.
- Blaney warned Meyers to stop spitting and to comply; Meyers allegedly lunged and made contact with Blaney’s upper chest/lower neck, precipitating a struggle until Hollis used a taser and Meyers was handcuffed.
- Witnesses provided partly consistent testimony: manager Hemphill observed Meyers push Blaney; friend Dustin Busser described a prolonged struggle to get Meyers into a vehicle and did not see clear contact or spitting.
- Meyers was sentenced to concurrent two-year community control terms and appealed, arguing trial counsel was ineffective for not requesting a jury instruction on disorderly conduct as a lesser included offense of assault on a police officer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for failing to request a jury instruction on disorderly conduct as a lesser included offense of assault on a police officer | State: No ineffective assistance because evidence did not support acquittal on assault and conviction on disorderly conduct | Meyers: Counsel was ineffective for not requesting lesser-included instruction; jury might have convicted of lesser offense | Court: No prejudice; evidence did not reasonably support acquittal on assault and conviction for disorderly conduct, so instruction was not required and counsel not ineffective |
Key Cases Cited
- Bradley v. State, 42 Ohio St.3d 136 (establishes Ohio two-part Strickland test for ineffective assistance)
- Strickland v. Washington, 466 U.S. 668 (establishes deficient performance and prejudice standard for ineffective assistance)
- Evans v. State, 122 Ohio St.3d 381 (defines three-part test for lesser included offenses)
- Thomas v. State, 40 Ohio St.3d 213 (jury instruction on lesser included offense required only when evidence reasonably supports acquittal on greater and conviction on lesser)
- Phillips v. State, 74 Ohio St.3d 72 (debate over trial tactics does not alone establish ineffective assistance)
- Clayton v. State, 62 Ohio St.2d 45 (supports deference to trial strategy)