State v. Stein
2018 Ohio 2621
Ohio Ct. App.2018Background
- On April 28, 2016 Scott Stein and two companions went to a residence to retrieve items allegedly stolen from Stein; an altercation ensued and Stein was shot multiple times and also fired at the house. Stein was treated at a hospital.
- A Logan County grand jury indicted Stein on felonious assault, improperly discharging a firearm into a habitation, and tampering with evidence; the tampering count was later dismissed and the case proceeded to jury trial.
- Trial testimony was inconsistent about who fired first, whether Stein pointed or intentionally fired his gun, and whether drugs were involved; several witnesses implicated stolen property from a storage unit and disputed actions at the scene.
- The prosecution played a recorded police interview in which the detective suggested drug-related motives and referenced out-of-court assertions that Stein was a drug dealer; other witnesses testified about suspected drugs though none were charged or recovered.
- The jury convicted Stein of felonious assault and improperly discharging a firearm (with gun specifications); Stein was sentenced to an aggregate six-year prison term and appealed.
- The court of appeals reversed, holding defense counsel was ineffective for failing to object to admission/use of irrelevant prior-bad-act/drug-related evidence and to the prosecutor’s related closing argument, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance — failure to object to evidence of alleged prior bad acts/irrelevant matters | State relied on testimony (storage-break-in, interview suggesting Stein was a drug dealer) to explain motive and credibility; admissible background | Stein argued evidence of theft/drug-dealing was irrelevant/hearsay and trial counsel should have objected | Court: counsel deficient for not objecting; admission and prosecutor’s use of that evidence prejudiced Stein; claim sustained |
| Ineffective assistance — failure to object to prosecutorial misconduct in rebuttal/closing | Prosecutor argued jury could infer Stein was a drug dealer and therefore would not report theft; used interview statements to attack self-defense claim | Stein argued prosecutor improperly used hearsay and irrelevant prior-bad-act inference in closing; counsel should have objected | Court: counsel deficient in not objecting; prosecutor’s argument amplified prejudicial effect of improperly admitted evidence; claim sustained |
| Manifest-weight challenge to felonious-assault conviction | State argued evidence supports conviction; jury verdict entitled to deference | Stein argued inconsistent testimony and prejudicial evidence undermined verdict | Court: claim rendered moot because ineffective-assistance errors require a new trial; court did not address weight merits |
| Cumulative error | State: errors harmless or individually non-prejudicial | Stein: cumulative effect denied fair trial | Court: rendered moot by reversal for ineffective assistance |
Key Cases Cited
- State v. Hester, 45 Ohio St.2d 71 (Ohio 1976) (standard for whether defendant received a fair trial and substantial justice was done)
- State v. Lytle, 48 Ohio St.2d 391 (Ohio 1976) (two-step ineffective-assistance analysis: deficiency and prejudice)
- State v. Calhoun, 86 Ohio St.3d 279 (Ohio 1999) (burden on defendant to show ineffective assistance; competent counsel presumed)
- State v. Morris, 141 Ohio St.3d 399 (Ohio 2014) (improper admission of prior-bad-act evidence plus prosecutorial emphasis can require reversal when effect on verdict cannot be found harmless)
- State v. Jamison, 49 Ohio St.3d 182 (Ohio 1990) (principle that convictions cannot rest on proof of other crimes or character alone)