State v. Myles
2013 Ohio 1821
Ohio Ct. App.2013Background
- Myles was convicted by bench trial of Domestic Violence under R.C. 2919.25(A) after a October 16, 2011 incident in which she struck her husband during a dispute over a phone used to call 911.
- The couple was married in 2010; they shared one child with significant disabilities requiring care.
- Mason called 911; after he attempted to take the phone, the parties struggled for control and Myles struck Mason.
- Nurse Heather Webb and Mason testified that Myles hit Mason; no evidence showed Mason struck Myles.
- Myles did not raise self-defense at trial; the issue on appeal includes sufficiency and manifest weight of the evidence, and ineffective assistance claims.
- The trial resulted in 32 days’ jail (30 suspended), a $200 fine ($100 suspended), and Myles appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence supports conviction for Domestic Violence | Myles contends insufficient evidence and that she acted in self-defense | Myles asserts no credible evidence of intent to harm | Conviction supported by sufficient evidence |
| Whether the conviction is against the manifest weight of the evidence | Weight of the evidence favors Myles | Evidence shows she intended to harm during the struggle | Conviction not against the manifest weight of the evidence |
| Whether trial counsel was ineffective for not arguing self-defense | Defense should have argued self-defense given presumed imminent danger | No reasonable belief of imminent danger; self-defense not satisfied by possession loss | Trial counsel not ineffective based on record |
| Whether trial counsel was ineffective for not requesting a jury trial | Record shows objection to lack of jury trial | Decision to seek a jury trial is trial strategy; record incomplete for post-appeal claim | No ineffective assistance based on record; jury-trial claim not supported |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio Supreme Court 1999) (sufficiency review standard; beyond reasonable doubt)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio Supreme Court 1991) (plain-view quality of sufficiency review (paragraph two))
- State v. Evans, 2011-Ohio-5267 (8th Dist. Cuyahoga No. 96229) (self-defense requires imminent danger and reasonable belief in use of force)
- State v. Fritz, 2005-Ohio-4736 (2d Dist.) (self-defense definition involves reasonable and honest belief; possession loss not enough)
- State v. Hill, 2d Dist. Montgomery No. 20678 (2005-Ohio-3701) (pain from blow can satisfy physical-harm element)