State v. Tabasso
2012 Ohio 5747
Ohio Ct. App.2012Background
- Tabasso was indicted in September 2011 for felonious assault under R.C. 2903.11(A)(1) for an incident on July 18, 2011 involving Martaus.
- Martaus testified that Tabasso attacked him on his front steps, pulling his hair and punching and kicking him; Shea was present and later testified about the events.
- Shea testified she did not see Tabasso hit Martaus and that she fled the scene; she later helped describe the situation but was reluctant to cooperate with police.
- Martaus sustained multiple fractures and dental/ facial injuries; photographs and a 911 call corroborated the assault.
- The jury convicted Tabasso of felonious assault; the trial court sentenced him to two years in prison with quick restitution and probation components.
- On appeal, Tabasso challenged the conviction as against the manifest weight of the evidence and argued ineffective assistance of counsel for not requesting a self-defense instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the conviction against the manifest weight of the evidence? | State argues evidence supports guilt beyond reasonable doubt. | Tabasso contends conflicting testimony and credibility undermine weight. | No; conviction not against the manifest weight. |
| Was trial counsels' failure to request a self-defense instruction ineffective assistance? | State argues no error; self-defense not proven by record. | Tabasso contends self-defense instruction was appropriate and counsel should have requested it. | Counsel not deficient; no self-defense instruction warranted. |
Key Cases Cited
- State v. Leonard, 104 Ohio St.3d 54 (Ohio 2004) (weight-of-the-evidence standard; credibility for juries)
- State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (credibility and weight for the jury)
- State v. Robbins, 58 Ohio St.2d 74 (Ohio 1979) (self-defense elements and duty to retreat)
- State v. Cross, 58 Ohio St.2d 482 (Ohio 1979) (affirmative defense jury instruction rules)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance standard)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (ineffective assistance framework)