State v. Schlosser
2011 Ohio 4183
Ohio Ct. App.2011Background
- State appealed a Marysville Municipal Court domestic violence conviction of Joshua A. Schlosser, affirmed by the Third Appellate District.
- The incident occurred April 8, 2010, during Amber and Joshua Schlosser’s separation; Joshua had a key to the apartment but resided elsewhere.
- Joshua was charged with one count of domestic violence under R.C. 2919.25(A), a misdemeanor of the first degree, and a temporary protection order was issued.
- Trial proceeded as a jury trial on September 27, 2010; Amber, Officer Back, and Joshua testified; a Recorded audio from Joshua was played.
- Verdict: guilty; sentence included 90 days in jail with 80 suspended, three years’ probation, counseling, and a $300 fine.
- Joshua contended three trial issues on appeal: (1) officer’s presence in court post-separation order, (2) ineffective assistance of counsel, (3) conviction against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of officer after separation order | State: Evid.R. 615(B) allows officer to remain and testify. | Schlosser: officer's presence and testimony bolstered Amber’s credibility and prejudiced trial. | No plain error; officer’s presence not prejudicial; assignment overruled. |
| Ineffective assistance of counsel | Schlosser contends various deficiencies; ineffective overall. | State: counsel’s performance not deficient; strategic decisions favored trial. | Ineffective assistance claim fails; no reversible prejudice shown. |
| Sufficiency of weight of evidence | State: evidence supported conviction beyond reasonable doubt. | Schlosser: verdict weights against the evidence and elements of domestic violence. | Conviction not against the manifest weight; not a miscarriage of justice. |
Key Cases Cited
- State v. Barnes, Ohio St.3d 21, 759 N.E.2d 1240 (2002) (plain error standard requires obvious defect affecting substantial rights)
- State v. Biros, 78 Ohio St.3d 426, 678 N.E.2d 891 (1997) (plain error exclusion; substantial rights affected)
- State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (2004) (manifest weight standard; appellate review as thirteenth juror)
- State v. Smith, 17 Ohio St.3d 98, 477 N.E.2d 1128 (1985) (presumption trial counsel acts competently; don't second-guess strategy)
- State v. Bradley, 42 Ohio St.3d 136, 538 N.E.2d 373 (1989) (no automatic ineffective assistance for trial motions lacking success probability)