State v. Tyree
2017 Ohio 4228
Ohio Ct. App. 9th2017Background
- Defendant Lance Tyree, with two prior domestic-violence convictions, was charged with third-degree felony domestic violence after choking the victim during an argument at her home.
- The victim escaped, sought police help, returned to find her house on fire, and officers later observed Tyree at the scene; Tyree was arrested and pleaded not guilty.
- At a final pretrial hearing Tyree orally requested new counsel after learning his counsel had requested a continuance; the trial court denied the request.
- At trial the victim mentioned her house was on fire and that she did not give a full statement that night because of the fire; the court gave a curative instruction telling the jury the fire was not relevant to guilt.
- Tyree was convicted by a jury and sentenced to three years; he appealed raising (1) denial of new counsel, (2) insufficient curative instruction about the fire, and (3) ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Tyree) | Held |
|---|---|---|---|
| Whether trial court abused discretion by denying motion for new counsel | Court properly exercised discretion; no good-cause shown | Change in trial date warranted new counsel; right to effective representation | Denial was not an abuse of discretion; request denied was properly refused |
| Whether curative jury instruction about the house fire was insufficient | Instruction adequately limited use of fire evidence to context/credibility | Instruction did not adequately prevent jury from considering fire as evidence of guilt | Instruction was sufficient; jury presumed to follow it |
| Whether counsel was ineffective for failing to obtain dashcam video | Counsel’s performance reasonable; no showing of prejudice | Counsel deficient for not obtaining video; prejudiced outcome | No deficient performance or demonstrated prejudice; claim fails under Strickland |
| Whether counsel was ineffective for not emphasizing photo-delay and for not excluding fire references | State: counsel cross-examined on photo delay and strategy choices are protected; fire references properly limited | Tyree: counsel failed to stress delay at closing and failed to exclude fire evidence | No prejudice shown from closure strategy; curative instruction addressed fire; ineffective-assistance claim denied |
Key Cases Cited
- [Strickland v. Washington, citation="466 U.S. 668"] (1984) (two-part test for ineffective assistance of counsel: deficient performance and prejudice)