State v. Muzic
2017 Ohio 8563
| Ohio Ct. App. | 2017Background
- Victim (C.V.), age 16, met John Muzic while babysitting and went to his home where he provided alcohol; she later alleged he forcibly sexually assaulted her (digital, oral, and vaginal) while applying pressure to her throat.
- C.V. immediately reported the assault; forensic testing found Muzic’s DNA on her neck, breast, and underwear.
- Muzic was convicted by a jury of kidnapping, rape, and gross sexual imposition, sentenced to 15 years, and classified as a Tier III sexual offender; convictions were affirmed on direct appeal.
- While the direct appeal was pending, post-trial counsel discovered social-media posts by C.V. (posts about alcohol, drugs, sex, anger) that counsel said were not found pretrial despite hiring an investigator.
- Muzic petitioned for post-conviction relief alleging ineffective assistance of counsel for failing to discover and use those posts to impeach C.V.; the trial court held a hearing and denied relief on the merits.
- The Ninth District affirmed, concluding Muzic failed to show Strickland prejudice because the social-media material was of questionable admissibility and would not likely have altered the verdict given strong evidence supporting C.V.’s account and weaknesses in Muzic’s varying versions of events.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to discover C.V.’s social-media posts deprived Muzic of effective assistance of counsel | Muzic: counsel were ineffective for not uncovering posts that would impeach C.V. and support consent defense | State: any investigative lapse did not produce prejudice because posts were likely inadmissible or not probative of fabrication | Court held: Even if investigation was deficient, Muzic failed to show prejudice under Strickland; relief denied |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse-of-discretion standard explained)
- Pons v. Ohio State Medical Board, 66 Ohio St.3d 619 (1993) (appellate court may not substitute its judgment for trial court under abuse-of-discretion review)
- Strickland v. Washington, 466 U.S. 688 (1984) (two-prong ineffective-assistance test: deficient performance and prejudice)
- State v. Gondor, 112 Ohio St.3d 377 (2006) (post-conviction ineffective-assistance claims evaluated under Strickland)