State v. Walker, 2014 Ohio 1287

Appeal from conviction for felonious assault (serious physical harm) in Montgomery County Common Pleas Court; charged with two felonious assault counts, evidence tampering, and disrupting public services.
Trial evidence showed Dixon sustained severe injuries (broken nose, mouth wired shut, eye injury) after Walker allegedly choked and punched her; Walker claimed self-defense when attacked with scissors.
Walker testified he acted in self-defense and that his fear, not anger, drove his actions.
Jury found Walker guilty of felonious assault (serious physical harm); not guilty on felonious assault (deadly weapon), evidence tampering, and disrupting public services.
Trial court sentenced Walker to the statutory maximum eight-year term for the second-degree felony; Walker timely appealed.
Appellant asserts ineffective assistance of counsel for not requesting aggravated-assault instruction, weight-of-the-evidence reversal, and an abuse of discretion in sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance for not requesting aggravated assault instruction	Walker argues evidence supported aggravated assault as inferior offense	Walker contends trial strategy favored self-defense against aggressive provocation	Assignment rejected; no ineffective assistance
Weight of the evidence for felonious assault (serious physical harm)	Conviction contrary to the jury’s acquittals and the evidence showing self-defense	Walker asserts Dixon was aggressor and injuries were from self-defense	Conviction not against weight of the evidence
Imposition of statutory maximum sentence	Eight-year term is excessive and not justified	Kalish framework; sentence within statutory range and properly considers factors	Sentence not contrary to law; not an abuse of discretion

State v. Thompkins, 78 Ohio St.3d 380 (1997 Ohio Supreme Court) (standard for weight-of-the-evidence review and witness credibility)
State v. Martin, 20 Ohio App.3d 172 (1st Dist. 1983) (weight-of-the-evidence standard; exceptional case only for miscarriage of justice)
State v. Benton, 2d Dist. Miami No. 2010-CA-27, 2012-Ohio-4080 (2d Dist. Miami, 2012) (limits on appellate review of credibility and inconsistencies)
State v. Crawford, 2d Dist. Montgomery No. 22314, 2008-Ohio-4008 (Ohio 2d Dist Montgomery, 2008) (trial strategy considerations in not pursuing aggravated offenses)
State v. Kalish, 120 Ohio St.3d 23, 2008-Ohio-4912 (Ohio Supreme Court, 2008) (two-step Kalish sentencing review; guidance for clearly and convincingly contrary to law)
State v. Rodeffer, 2013-Ohio-5759 (Ohio 2d Dist Montgomery, 2013) (post-Kalish standard for appellate review of felony sentences)