State v. Robbins, 2013 Ohio 612

Robbins was convicted of murder and two felonious assaults, acquitted of aggravated murder and one felonious assault, with consecutive sentences of 15 years to life for murder and eight years for felonious assault.
He challenged the convictions on suppression of post-arrest statements, admission of other-acts evidence, sufficiency/weight, and ineffective assistance of counsel.
The underlying conduct involved a park stabbing of Yolanda Smith; Robbins’s wife, Doris Robbins, intervened and was cut.
Robbins gave multiple police statements after Miranda waivers; his statements were at issue on voluntariness.
Evidence included a prior beating of Ms. Robbins by Robbins, admitted as other-acts evidence; bench trial rendered guilt beyond reasonable doubt.
On sentencing, the court imposed postrelease control, failed to correctly state its duration, did not address court costs, and did not make required consecutive-sentence findings; matter remanded for resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Voluntariness of statements	Robbins contends statements involuntary due to health and sleep factors.	Robbins argues lack of voluntary waiver invalidates statements.	Waiver and statements were voluntary; suppression denied.
Admission of other-acts evidence	Evidence of prior beating was probative and properly admitted.	Evidence unduly prejudicial under Evid.R. 404(B) and should have been excluded.	Harmless error; bench trial mitigated impact; admission sustained.
Sufficiency/weight of the evidence	State presented sufficient evidence of murder and felonious assault.	Evidence was insufficient or against the weight of the evidence.	Sufficient evidence; not against the manifest weight.
Postrelease control and court costs	Court properly imposing postrelease control and awarding costs.	Postrelease control duration and failure to order costs were improper.	Postrelease-control duration incorrect; court costs not addressed; error sustained.
Consecutive sentences and findings	Consecutive sentences were properly imposed with findings.	Consecutive-sentence findings not made as required by statute.	Consecutive findings missing; sentences vacated and remanded for proper findings and resentencing.

State v. Eley, 77 Ohio St.3d 174 (1996) (voluntariness review under totality-of-circumstances)
State v. Clark, 38 Ohio St.3d 252 (1988) (validity of waiver of Miranda rights)
State v. Burnside, 100 Ohio St.3d 152 (2003) (sufficiency of evidence; voluntariness standard)
State v. Fanning, 1 Ohio St.3d 19 (1982) (Miranda waiver standards)
State v. White, 15 Ohio St.2d 146 (1968) (bench trial evidentiary review presumption)
State v. Lukacs, 188 Ohio App.3d 597 (2010) (prosecution costs in sentencing)
State v. Kalish, 120 Ohio St.3d 23 (2008) (consecutive-sentence findings requirements)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (sufficiency of evidence standard)
State v. Bradley, 42 Ohio St.3d 136 (1989) (ineffective-assistance framework (Bradley/Strickland))
Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance of counsel standard)