State v. Percy, 2017 Ohio 1224

Terrance Percy convicted by jury of felonious assault (R.C. 2903.11(A)(1)) and sentenced to seven years imprisonment after an April 2015 altercation.
Victim intervened after seeing a woman allegedly being attacked, was found later with severe head injuries, traumatic brain injury, and hospitalized; surveillance video and 911 calls placed events between ~2:12–2:17 a.m. near 548 East Broadway.
Appellant (nicknamed "Hammer") was seen at the house; he gave multiple statements to police admitting he struck the victim but offering shifting accounts that others ("Wolfie"/Tyron Murphy, Cameron Wells) also assaulted the victim.
Defense theory: appellant denied delivering the serious blows, claimed he left before the worst of the assault and sometimes asserted his statements were to protect another; Bourne (girlfriend) and appellant testified to a different sequence of events.
Trial issues: alleged hearsay by detective and a crossed-in hearsay question; defense counsel did not seek certain corrective measures; appellant challenged counsel effectiveness and argued conviction was against the manifest weight of the evidence.
Appellate disposition: Sixth District affirmed, rejecting ineffective-assistance and manifest-weight arguments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance of counsel	State: counsel acted reasonably; decisions were trial strategy; objections and strikes sufficed	Percy: counsel failed to object to hearsay and should have sought curative instruction or mistrial, prejudicing credibility	Court: Counsel not ineffective; tactical choices reasonable; no prejudice shown
Admissibility of out-of-court remark by resident ("Hammer knocked somebody out")	State: statement admissible to explain officer's investigation, not for truth	Percy: statement was hearsay and prejudicial	Court: admissible as non-hearsay for explaining investigative steps
Prosecutor’s cross-exam hearsay question (Wells statement)	State: question was struck when objection sustained	Percy: question prejudiced credibility and warranted jury instruction/mistrial	Court: strike and exclusion were adequate; mistrial unnecessary; not outcome-determinative
Manifest weight of the evidence	State: testimony, 911 calls, video timing, and appellant’s admissions support conviction	Percy: lack of physical evidence tying him to the assault; alternate actors	Court: conviction not against manifest weight; jury reasonably credited prosecution evidence

Strickland v. Washington, 466 U.S. 668 (ineffective-assistance standard)
Eastley v. Volkman, 132 Ohio St.3d 328 (manifest-weight review standard)
Thompkins v. Ohio, 78 Ohio St.3d 380 (distinguishing sufficiency and weight standards)
State v. Thomas, 61 Ohio St.2d 223 (out-of-court statements admissible to explain police conduct)
State v. Conway, 109 Ohio St.3d 412 (failure to object not per se ineffective; objections are strategic)