State v. Smith
2012 Ohio 967
Ohio Ct. App.2012Background
- July 10, 2011: Nathaniel Smith, Jr. assaults Bonnie Winchell, then forcibly enters her home after a verbal altercation.
- Winchell’s two minor sons are present during the confrontation.
- Smith grabs Winchell by her shirt, escorts her to a car, and drives to the Bottle Shop; Winchell did not willingly go.
- Smith’s actions include breaking a door frame and threatening Winchell’s son; a 911 call is made.
- Winchell’s glasses are damaged, and police observe the broken door frame and TV on the floor; Winchell gives statements to officers.
- Smith is charged with abduction, assault, and menacing; he waives a jury trial and is convicted at bench trial and sentenced.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy trial right violated | State argues tolling applied due to a material witness warrant | Smith contends delay violated speedy trial rights | Issue waived on appeal; no reversal on this point |
| Confrontation rights and hearsay | State argues Winchell statements fall within exceptions and admissible | Smith asserts improper admission of hearsay | Hearsay admitted as present sense/excited utterance; no reversal |
| Prosecutorial misconduct | State contends alleged misconduct did not affect outcome | Smith claims misconduct tainted trial | Assignment rejected; no reversible error |
| Impartiality of trial judge | State notes judge’s role as fact-finder and absence of bias | Smith argues lack of impartiality due to prior involvement with MWR | No error; judge impartial under circumstances |
| Weight of the evidence | State argues ample proof of abduction and related conduct | Smith challenges credibility of Winchell and recantations | Conviction not against the manifest weight of the evidence |
Key Cases Cited
- State v. Turner, 168 Ohio App.3d 176 (2006-Ohio-3786) (speedy-trial waiver/claim raised on appeal)
- Worthington v. Ogilby, 8 Ohio App.3d 25 (1982-Ohio) (timeliness of speedy-trial-related claims)
- State v. Rector, 2004-Ohio-4549 (2004-Ohio) (tolling of speedy-trial time)
- State v. Vance, 2004-Ohio-258 (2004-Ohio) (speedy-trial tolling considerations)
- State v. Thompkins, 78 Ohio St.3d 380 (1987-Ohio) (thirteenth juror; weight of evidence)
- State v. DeHass, 10 Ohio St.2d 230 (1967-Ohio) (credibility and weight of witness testimony)
- State v. Britton, 2010-Ohio-2061 (5th Dist./Ohio) (present-sense/immediate-impulse statements exceptions)
- Leonard, 104 Ohio St.3d 54 (2004-Ohio) (excitement-implied statements and reliability)
- State v. Webb, 2010-Ohio-6122 (Ohio App.) (trial strategy and waiver of jury trial)
- State v. Rippy, 2008-Ohio-6680 (Ohio App.) (jury-waiver strategy discussed)
- Strickland v. Washington, 466 U.S. 668 (1984-S.Ct.) (ineffective-assistance standard)
- Kimmelman v. Morrison, 477 U.S. 365 (1986-S.Ct.) (merits of trial counsel performance)
- State v. Santana, 739 N.E.2d 798 (2001-Ohio) (ineffective-assistance framework; prejudice)
- State v. Lott, 51 Ohio St.3d 160 (1990-Ohio) (reasonable-strategy defense; hindsight not permitted)
- State v. Leonard, ? (?) (see Leonard cited above as present context)