State v. Sherrell
2016 Ohio 1177
Ohio Ct. App.2016Background
- Leisha Sherrell was charged with assault (R.C. 2903.13(A)) and criminal damaging (R.C. 2909.06(A)(1)) after she used a knife to cut plastic fencing erected by neighbor Jerry Schupbach around a side lot he purchased.
- Schupbach had county survey documentation and a city permit for the barrier; surveillance video captured Sherrell cutting the fence and striking Schupbach with a knife.
- Police interviewed both parties; Sherrell admitted cutting the fencing and acknowledged a surveyor had placed a post marking the boundary. Schupbach later reported a minor cut and bruising.
- Jury acquitted Sherrell of assault but convicted her of criminal damaging. Trial court sentenced her to 90 days (suspended), restitution, and 100 hours community service.
- Sherrell appealed, arguing (1) the verdict was against the sufficiency and manifest weight of the evidence and (2) trial counsel was ineffective for failing to request a jury instruction on the defense of property.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency / manifest weight of evidence for criminal damaging | State: video, admission, and survey show Sherrell knowingly damaged property of another. | Sherrell: no proof of loss in value or interference with use/enjoyment of property. | Court: Affirmed — evidence (video, admission) supported loss/interference; conviction upheld. |
| Failure to give defense-of-property instruction / ineffective assistance of counsel | State: no instruction required where evidence does not raise the defense. | Sherrell: counsel ineffective for not requesting instruction; she reasonably believed removal was justified. | Court: Affirmed — even assuming deficient performance, no prejudice because evidence did not raise defense (she admitted encroachment and no imminent unlawful force). |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for manifest weight review)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency-of-the-evidence standard)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (credibility and weight of evidence are for the trier of fact)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-part test for ineffective assistance of counsel)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (application of Strickland in Ohio)
- State v. Melchior, 56 Ohio St.2d 15 (1978) (when an affirmative defense must be submitted to the jury)