State v. Patton, 2021 Ohio 1230

On May 1, 2018, Kelly Patton and her long-term boyfriend struggled in their Orrville home; the boyfriend sustained multiple stab wounds and Patton injured her hand. There was no prior history of domestic violence between them.
The victim and Patton gave starkly different accounts: the victim said Patton attacked him while he attempted to flee; Patton said the victim assaulted her and she grabbed a knife in self-defense during a struggle.
Patton was indicted for attempted murder, two counts of felonious assault, and domestic violence; the trial court granted a Crim.R. 29 acquittal on attempted murder but the jury convicted on the remaining counts and the court sentenced Patton to two years in prison.
Trial occurred in February 2019, before the March 28, 2019 amendment to R.C. 2901.05(B) that shifted the burden on proving absence of self-defense to the prosecution when evidence supports self-defense; Patton later argued counsel should have sought a continuance so she could benefit from the amendment.
Forensic testing found Patton’s DNA on stains on a serrated and a kitchen knife and on the mattress; some samples contained mixtures including the victim. Police found bloodstains in the house and Patton’s statements to police were described as inconsistent.
The Ninth District Court of Appeals reviewed three assignments of error (ineffective assistance, sufficiency, and manifest weight) and affirmed the convictions and sentence.

Issue	State's Argument	Patton's Argument	Held
Whether trial counsel was ineffective for not obtaining a continuance to rely on the March 28, 2019 amendment to R.C. 2901.05(B)	Counsel’s decision not to seek a continuance was a permissible trial strategy and speculative whether continuance or new instruction would have been granted; no deficient performance or prejudice shown	Counsel should have sought continuance so amended self-defense burden (prosecution must disprove self-defense beyond a reasonable doubt) would apply	Overruled — no deficient performance; continuance decision tactical and success speculative; no Strickland prejudice shown
Whether the evidence was insufficient to support convictions	Evidence (victim testimony, DNA on knives/mattress, bloodstains, inconsistent statements by Patton) supported convictions	Victim’s testimony was not credible, so evidence insufficient	Overruled — appellate court found evidence sufficient and credibility was for the jury
Whether the convictions were against the manifest weight of the evidence	Jury reasonably credited the victim; forensic and officer testimony supported verdicts	Verdicts were against the manifest weight because the victim’s account was incredible	Overruled — after review court concluded jury did not lose its way; credibility determinations were for the factfinder

Reynolds v. State, 80 Ohio St.3d 670 (sets Ohio standard applying Strickland test for ineffective assistance)
Strickland v. Washington, 466 U.S. 668 (establishes two‑prong ineffective assistance test: deficient performance and prejudice)
State v. Keith, 79 Ohio St.3d 514 (applies Strickland standard in Ohio criminal cases)
State v. Otten, 33 Ohio App.3d 339 (states manifest-weight standard and appellate review as limited and exceptional)
State v. Thompkins, 78 Ohio St.3d 380 (explains appellate role as a "thirteenth juror" and that reversals on manifest weight are rare)
Tibbs v. Florida, 457 U.S. 31 (federal precedent on appellate weighing of evidence and jury factfinding)