State v. Waters
2014 Ohio 3109
Ohio Ct. App.2014Background
- Charles E. Waters was convicted by a jury in the Vinton County Court of in August 2013 of operating a vehicle under the influence in violation of R.C. 4511.19(A)(1)(a).
- The evidence arose from events in the early morning hours of February 15, 2013 at Bud’s One Stop in McArthur, Ohio.
- Officer Hixson observed Waters near the store, detected the odor of alcohol on Waters, and observed Waters vehicle operation and erratic driving behavior.
- Waters admitted consuming two to three drinks earlier and failed three field sobriety tests; Waters was arrested and processed at the sheriff’s office.
- Waters was represented by court-appointed counsel; counsel requested discovery but did not file a suppression motion; a trial proceeded.
- Waters’ witnesses testified he was not impaired; Waters also testified he was not impaired.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Waters contends counsel failed to move to suppress and to challenge FSTs, and erred in cross-examination and juror inquiry. | Waters argues these failures deprived him of a fair trial and effective representation. | No ineffective assistance; no prejudice shown; strategic decisions not ineffective. |
| Prosecutorial misconduct / plain error | Waters argues the prosecutor’s opening remarks, misstatements of law, and inflammatory or improper rebuttal biased the jury. | Waters argues the State’s conduct warrants plain error review. | No plain error; statements viewed in context did not deprive Waters of a fair trial. |
Key Cases Cited
- McMann v. Richardson, 397 U.S. 759 (U.S. 1970) (establishes standard for ineffective assistance claims)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance)
- State v. Issa, 93 Ohio St.3d 49 (Ohio 2001) (guides prejudice and performance analysis under Strickland)
- State v. Goff, 82 Ohio St.3d 123 (Ohio 1998) (develops deficiencies and prejudice framework)
- State v. White, 82 Ohio St.3d 16 (Ohio 1998) (prejudice showing required for ineffective assistance)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (reaffirmed prejudice component of Strickland)
- State v. Apanovitch, 33 Ohio St.3d 19 (Ohio 1987) (standard for evaluating trial counsel performance)
- State v. Lott, 51 Ohio St.3d 160 (Ohio 1990) (circumstantial evidence sufficiency principle and credibility assessment)