State v. Millay
2012 Ohio 3776
Ohio Ct. App.2012Background
- Appellant Timothy Millay was convicted of domestic violence with two prior convictions and aggravated menacing after a June 4, 2011 incident with Terri Dewart; acquitted of a May 27, 2011 domestic violence incident.
- Dewart and Millay had a volatile five-year relationship, living together in Delaware County.
- Police responded to a 911 call from Dewart; scene showed significant destruction and injuries consistent with Dewart’s account.
- Millay exhibited belligerent behavior toward officers and during custody, making threats and disparaging remarks.
- Two domestic violence counts were charged as third-degree felonies due to prior convictions; one aggravated menacing count was also charged.
- At trial, the court gave preliminary jury instructions, but did not repeat them at the end; the jury ultimately convicted on the June 4 incident and acquitted on the May 27 incident.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to repeat preliminary jury instructions constitutes plain error | Millay | Millay | Plain error not shown; adequate support exists for convictions. |
| Whether trial counsel was ineffective for not objecting to non-repetition of instructions | Millay | Millay | Counsel’s failure did not prejudice the outcome; convictions upheld. |
Key Cases Cited
- State v. Comen, 50 Ohio St.3d 206 (1990) (repeats required for crucial preliminary instructions after argument)
- State v. Long, 53 Ohio St.2d 91 (1978) (plain error standard narrowly construed to prevent miscarriage of justice)
- State v. Hamblin, 37 Ohio St.3d 153 (1988) (ineffective assistance presumes competence; burden on defendant to show prejudice)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (Strickland standard for ineffective assistance)