State v. Townsend, 2012 Ohio 4400

Defendant Townsend was convicted of burglary, theft with an elderly specification, and criminal damaging in Cuyahoga County.
The offenses arose from a July 18, 2011 home burglary in Cleveland where a television was moved and a crowbar left behind.
Witness N.S. testified he saw two men break into the home but did not see their faces; he fled and police later responded.
Two Cleveland police officers testified Townsend exited the home through a side window and fled, and Townsend was apprehended about 15 feet from the window.
Townsend did not testify, nor did he present witnesses on his own behalf; opening statements suggested an alibi, which was not pursued at trial.
Townsend appealed, challenging the weight of the evidence and alleged ineffective assistance of counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the convictions are against the manifest weight of the evidence	Townsend argues weight favors acquittal	Townsend asserts insufficient credible evidence	Convictions not against weight; supported by officers' testimony and eyewitness
Whether trial counsel provided ineffective assistance by not calling witnesses	Townsend claims better strategy with witnesses	Townsend cannot show prejudice from lack of witnesses	No ineffective assistance; decisions about witnesses are trial tactics and not prejudicial

State v. Jackson, 8th Dist. No. 86542, 2006-Ohio-1938 (Ohio 2006) (standard for manifest weight review)
State v. Briscoe, No. 77832, 2000 Ohio App. LEXIS 5505 (Ohio App. 8th Dist. 2000) (witness selection as trial tactic, not ineffective assistance)
State v. McWhorter, No. 87443, 2006-Ohio-5438 (Ohio App. 8th Dist. 2006) (trial tactics govern witness decisions)
State v. Bradley, 42 Ohio St.3d 136, 538 N.E.2d 373 (1989) (Ohio 1989) (standard for ineffective assistance of counsel)
Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (defendant must show deficient performance and prejudice)