State v. Slater
2016 Ohio 7766
| Ohio Ct. App. | 2016Background
- In Feb 2015, S.K. called 911 reporting a domestic dispute with her live-in boyfriend, Dwight E. Slater, Jr.; police responded, Slater was arrested, and a temporary protection order issued.
- Slater was indicted on: (1) felony domestic violence (R.C. 2919.25(A)), (2) misdemeanor domestic violence (R.C. 2919.25(C)), and later (3) misdemeanor violation of a protection order (R.C. 2919.27).
- Slater waived a jury; bench trial followed. The court convicted on the felony count (R.C. 2919.25(A)) and acquitted him of the two misdemeanors.
- Key trial evidence: officers observed S.K. upset, disheveled, with torn clothes, one shoe, crying, and a bloody lip; S.K. testified Slater hit her; Slater testified he did not hit her and presented a potential eyewitness (his cousin) who was not called.
- Sentence: two years community control with no-contact provision and enrollment in a 26-week batterer’s intervention program. Slater appealed raising ineffective assistance of counsel and manifest-weight challenges.
Issues
| Issue | Slater's Argument | State's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel (failure to object to hearsay; not calling eyewitness; weak Crim.R. 29 advocacy) | Counsel made minimal effort: failed to object to unspecified hearsay, did not call Dennis Williams-Luster, and made a cursory Crim.R. 29 motion | Slater failed to identify the specific hearsay; counsel’s witness decision was strategic; even a stronger Crim.R. 29 argument would have failed because evidence of guilt was overwhelming | Overruled — counsel’s strategic decisions were reasonable and Slater showed no prejudice under Strickland; Crim.R. 29 denial would have stood regardless |
| Manifest weight of the evidence (conviction against manifest weight) | This was a he-said/she-said dispute; S.K. was inconsistent and had a propensity to stage incidents | Trial court properly credited officers and victim over Slater; evidence supported conviction | Overruled — court did not lose its way; weight of credible evidence supported conviction |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- Michel v. Louisiana, 350 U.S. 91 (U.S. 1955) (strong presumption counsel’s conduct falls within reasonable professional assistance)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (deficient performance defined under Ohio law)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for reviewing sufficiency of the evidence)
- State v. Otten, 33 Ohio App.3d 339 (Ohio App. 1986) (standard for manifest-weight review)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (distinguishing sufficiency and weight of the evidence)
- Karches v. Cincinnati, 38 Ohio St.3d 12 (Ohio 1988) (presumption in favor of trial court’s factual findings)
- State v. Martin, 20 Ohio App.3d 172 (Ohio App. 1983) (new trial on manifest-weight grounds warranted only in exceptional cases)