State v. Williams
2014 Ohio 4883
Ohio Ct. App.2014Background
- Williams was convicted by a bench trial in Niles Municipal Court of violating a civil protection order; judgment affirmed on appeal.
- A protective order issued August 2012 barred Williams from entering the victim's residence or business and within 100 feet, extending to their minor daughter.
- Two emails from the victim, sent about fifty days before the break-in, suggested she would take steps to prevent Williams from seeing the daughter and boasted about the protection order process.
- In October 2012, the victim reported following and a break-in at her home; police later found items indicative of a break-in and prints on a basement window.
- A forensic scientist matched the prints to Williams, while Williams presented an alibi defense with three witnesses.
- Williams moved for a new trial under Crim.R. 33 alleging ineffective assistance of trial counsel for not introducing the two emails; the trial court denied, and Williams appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Crim.R. 33 motion was properly denied without a hearing | Williams argues ineffective assistance and that emails warranted a hearing. | State contends the court acted within its discretion to deny without a hearing. | No abuse of discretion; no hearing required. |
| Whether the trial court was required to issue findings of fact and conclusions of law | R.C. 2953.21 requires findings when denying postconviction petitions. | Crim.R. 33 motion denial does not require findings under McIntyre. | No duty to provide findings of fact or conclusions for a Crim.R. 33 ruling. |
Key Cases Cited
- State v. Caulley, 2012-Ohio-2649 (Ohio) (Crim.R. 33(1) may base new-trial claim on ineffective assistance)
- State v. Lordi, 140 Ohio App.3d 561 (2000) (ineffective-assistance claim may be asserted in Crim.R. 33)
- State v. McIntyre, 2013-Ohio-2077 (Ohio) (no duty to issue findings in Crim.R. 33 denial)
- State v. Foti, 2010-Ohio-5931 (Ohio) (abuse of discretion standard in Crim.R. 33 review)
- State v. Griesmar, 2010-Ohio-824 (Ohio) (prejudice standard in ineffective-assistance claim)