State v. Stokes
2016 Ohio 7520
| Ohio Ct. App. | 2016Background
- On July 4, 2015, David L. Stokes ran out of his house, tackled Jason Henderson in Stokes’ front yard, and punched him; Henderson suffered a head laceration and bruising and was treated at a hospital.
- Neighbors Cara Shaw and Joyce Jarvis witnessed the attack; Shaw called 911. Stokes’ exterior surveillance camera captured Stokes running toward Henderson but not the actual strike.
- Stokes admitted tackling and punching Henderson but testified he acted in self-defense because Henderson allegedly reached into his pocket and had prior antagonized Stokes (including alleged tire-slashing and earlier provocation).
- Stokes was charged with and convicted by a jury of one count of misdemeanor assault (R.C. 2903.13(A)). The court sentenced him to 180 days (150 suspended), house arrest with monitoring, a fine, restitution, and no-contact with Henderson.
- On appeal, Stokes raised three assignments: (1) ineffective assistance of counsel for not moving for acquittal under Crim.R. 29 and for cross-examination choices; (2) erroneous exclusion of certain prior-bad-acts evidence and impeachment with a prior misdemeanor assault conviction; (3) that the verdict was against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failure to move for acquittal (Crim.R. 29) | State: Evidence (eyewitnesses, officers, injuries) sufficed; a Crim.R. 29 motion would be denied. | Stokes: Counsel should have moved for acquittal at close of State’s case and at trial end. | Court: No ineffectiveness; sufficient evidence supported conviction, so motion would have been futile. |
| Ineffective assistance for cross-examination strategy/bench consultation | State: Counsel’s cross was a tactical matter; counsel impeached witnesses and presented defense witnesses. | Stokes: Counsel failed to develop inconsistencies and improperly sought bench guidance. | Court: No ineffectiveness; cross-examination and strategy fell within professional judgment. |
| Exclusion of prior-bad-acts and impeachment with misdemeanor conviction | State: Objected to irrelevant prior-act details and to impeachment with misdemeanor (not dishonesty). | Stokes: Exclusion prevented proof of Henderson’s propensity for aggression, harming self-defense claim. | Court: No error; trial court allowed relevant prior-acts testimony but properly excluded irrelevant details and barred impeachment with a misdemeanor assault conviction. |
| Manifest weight of the evidence | State: Jury reasonably credited eyewitnesses and officers; injuries corroborated assault. | Stokes: He admitted the acts but maintained self-defense; jury should have credited him. | Court: Not against manifest weight; jury reasonably disbelieved self-defense and did not lose its way. |
Key Cases Cited
- State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (two-step ineffective-assistance standard adopted and explained)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (constitutional standard for ineffective assistance of counsel)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency standard: evidence viewed in prosecution's favor)
- State v. Bridgeman, 55 Ohio St.2d 261 (Ohio 1978) (Crim.R. 29 standard: view evidence in light most favorable to prosecution)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (manifest-weight standard and when reversal is warranted)