State v. Patterson
2017 Ohio 8318
| Ohio Ct. App. | 2017Background
- Defendant Ennis R. Patterson was indicted for gross sexual imposition and kidnapping (both with sexual-motivation/sexually-violent-predator specifications) based on allegations that he molested an eight-year-old child (D.D.) while babysitting on April 16, 2016.
- Multiple adults at the scene (family members and a CMHA officer) reported that D.D. told consistent versions of events; D.D. later testified at a bench trial describing the assault and a subsequent threat with an extension cord.
- Patterson was arrested May 26, 2016; police conducted two interviews after he signed Miranda waivers, and during the second interview he at one point said he wanted a lawyer but continued to speak when questioned further.
- The trial court found both child witnesses competent, convicted Patterson on both counts, sentenced him to 20 years to life, and classified him as a Tier III registrant.
- On appeal Patterson argued (1) his convictions were against the manifest weight of the evidence and (2) he received ineffective assistance of counsel (failure to move to suppress and failure to call a witness, C.J.). The appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether convictions are against the manifest weight of the evidence | State: Evidence (D.D.'s testimony, corroborating adult testimony, officer testimony, and custodial interviews) supported convictions | Patterson: D.D.'s testimony was inconsistent/un corroborated; another child (C.J.) would have contradicted D.D. | Court: Affirmed convictions — inconsistencies were minor or omissions, corroboration adequate, and speculation about C.J. is outside the record |
| Whether trial counsel provided ineffective assistance | State: Counsel’s strategic choices (no suppression motion; not calling C.J.) were reasonable and waived; no prejudice shown | Patterson: Counsel was ineffective for not filing a suppression motion (post-request statements) and for not calling C.J. to rebut D.D. | Court: Affirmed — counsel made a considered tactical decision (waiver) and Patterson failed to show prejudice or to put C.J.’s testimony into the record; ineffective-assistance claim better pursued via postconviction relief if based on out-of-record facts |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (distinguishes sufficiency from manifest-weight review and frames the standard for weight challenges)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance of counsel)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (credibility and weight of evidence are for the trier of fact)
- State v. Martin, 20 Ohio App.3d 172 (1984) (discusses review of manifest-weight claims)
- State v. Hartford, 21 Ohio App.3d 29 (1984) (omissions in early statements by child witnesses may not be inconsistencies)