State v. Shepherd
2015-Ohio-4330
Ohio Ct. App.2015Background
- 911 call reported domestic disturbance involving Brenda; appellant accused of threatening Brenda and interfering with investigation
- Deputy Ganzhorn responded under domestic violence protocol to separate parties and determine safety
- Appellant blocked interview with Brenda and became confrontational, leading to taser deployments
- Appellant refused to provide social security number and challenged officer authority, escalating to arrest
- Convictions: obstructing official business and resisting arrest; sentence included jail time, house arrest, fines, and counseling
- Appeal challenges sufficiency of evidence and ineffective assistance of trial counsel
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence to convict for obstruction and resisting arrest? | Shepherd argues insufficient evidence | State argues there was sufficient evidence | Convictions upheld; evidence sufficient |
| Did trial counsel render ineffective assistance by not moving to suppress? | Shepherd argues suppression would be granted | State argues trial counsel acted reasonably | Second assignment overruled; no reversible error |
Key Cases Cited
- State v. Jones, 91 Ohio St.3d 335 (2001) (preserves sufficiency challenge despite no Crim.R.29(A) motion)
- State v. Carter, 64 Ohio St.3d 218 (1992) (assesses sufficiency with not guilty plea preserved rights)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for reviewing sufficiency of evidence in criminal convictions)
- State v. Madrigal, 87 Ohio St.3d 378 (2000) (failure to file suppression motion not per se ineffective assistance)