State v. Teal, 95 N.E.3d 1095

Background

Victim S.C. dated Kenneth Teal; after a troubled relationship Teal assaulted her on Dec. 18, 2013 — an audiotape captured repeated pleas and a multi‑punch beating causing a broken nose and facial injury.
Teal was indicted for felonious assault (second‑degree felony). While awaiting trial and despite a no‑contact order, he communicated with the victim, threatened to "destroy" her, and attempted to dissuade her from cooperating; he was later indicted for intimidation (third‑degree felony) and menacing by stalking (not convicted).
At bench trial the court convicted Teal of felonious assault and intimidation, acquitted on menacing, and imposed an aggregate eight‑year sentence (six years + 24 months consecutive).
The state introduced testimony about two 2008 home‑invasion incidents (Teal’s prior convictions in Michigan) to show a history of violent acts; Teal did not object at trial and raised six assignments of error on appeal.
The appellate court affirmed, rejecting challenges to 404(B) evidence admission (no plain error), ineffective assistance claims, imposition of costs, alleged sentencing error (failure to consider mitigation), request to reduce felonious assault to aggravated assault, and manifest‑weight challenge.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admission of prior‑acts evidence (Evid.R. 404(B))	State: testimony of 2008 home invasions showed Teal’s history of violent acts relevant to menacing‑by‑stalking element (history of violence).	Teal: prior acts were remote, unrelated, and unfairly prejudicial; counsel failed to object.	Admitted as non‑character evidence to show history of violence; no plain error where evidence was relevant and probative and other strong evidence existed.
Ineffective assistance of counsel	N/A (state answers prosecutions)	Teal: counsel erred by not objecting to 404(B) testimony and late‑produced photographs.	Counsel not ineffective: objections would lack merit given admissibility; photos were produced by Teal; no prejudice shown.
Imposition of costs (prosecution, confinement, appointed counsel)	State: trial court properly ordered costs consistent with statute.	Teal: court imposed prosecution costs without inquiring into present/future ability to pay; challenges to confinement and counsel costs.	Prosecution costs may be imposed without ability‑to‑pay inquiry; court made adequate record to support finding Teal could pay confinement and counsel costs.
Sentencing—mitigation, aggravated assault inferior degree, and manifest weight	N/A	Teal: court failed to consider victim intoxication/provocation as mitigating; aggravated assault (serious provocation) should have been considered; verdict was against manifest weight.	Court considered R.C. 2929.11/2929.12; victim’s conduct did not constitute "serious provocation"; evidence (audiotape, medical records, messages) supported convictions and sentence; not against manifest weight.

Key Cases Cited

State v. Morris, 972 N.E.2d 528 (Ohio 2012) (standard on abuse of discretion for other‑acts evidence)
State v. Diar, 900 N.E.2d 565 (Ohio 2008) (other‑acts evidence admissibility principles)
State v. Williams, 983 N.E.2d 1278 (Ohio 2012) (three‑step analysis for Evid.R. 404(B))
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑part ineffective‑assistance test)
State v. Bradley, 538 N.E.2d 373 (Ohio 1989) (applying Strickland in Ohio)
State v. Steele, 3 N.E.3d 135 (Ohio 2013) (plain‑error standard in criminal cases)
State v. Long, 372 N.E.2d 804 (Ohio 1978) (plain‑error caution; manifest miscarriage of justice standard)
State v. Getsy, 702 N.E.2d 866 (Ohio 1998) (waiver of objections absent plain error)
State v. Deem, 533 N.E.2d 294 (Ohio 1988) (relationship between felonious and aggravated assault; serious provocation)
State v. Shane, 590 N.E.2d 272 (Ohio 1992) (objective/subjective test for serious provocation)
State v. Thompkins, 678 N.E.2d 541 (Ohio 1997) (manifest‑weight standard)