2013 Ohio 1666
Ohio Ct. App.2013Background
- Turner was charged with aggravated robbery and having a weapon while under disability; he waived a jury on the weapon-with-disability count and the court tried that count, while the aggravated robbery count went to a jury.
- On Oct. 11, 2011, around 10:00 p.m., Huff observed a beer Theft from a Superior Food Mart and alerted others; the suspect fled with a 30-pack.
- Muntaser identified Turner as the thief and later testified he chased Turner and saw him point a gun at him; police located three men matching the description.
- Mason testified on Turner’s behalf that Turner was at Mason’s residence playing video games at the time of the alleged robbery.
- At trial, the court found Turner guilty of having a weapon while under disability, while the jury could not reach a verdict on the aggravated robbery charge.
- Turner subsequently pleaded guilty to an amended count of breaking and entering, was sentenced to one year for breaking and entering and three years for weapon under disability, and appealed three assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Manifest weight of the evidence | State argues credibility supports conviction | Turner contends evidence fails to identify him | Weight not favoring acquittal; evidence sufficient |
| Sufficiency of the evidence | Evidence, including witness testimony, proves elements | No physical evidence or credible witnesses link Turner | Evidence sufficient to sustain conviction |
| Ineffective assistance of counsel | No prejudice from bifurcation decision | Counsel ineffective for waiving jury in weapon count | Counsel’s performance not unreasonably deficient; bifurcation reasonable |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997-Ohio-52) (manifest weight review standard; beyond reasonable doubt)
- State v. Bowden, 8th Dist. No. 92266 (2009-Ohio-3598) (sufficiency standard; evidence viewed in light most favorable to the state)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency review; priori elements)
- Strickland v. Washington, 466 U.S. 668 (1984) (defendant shows ineffective assistance and prejudice)
- Bradley v. Ohio, 42 Ohio St.3d 136 (1989) (presumption of competence; standard for counsel performance)