2018 Ohio 1508
Ohio Ct. App.2018Background
- On November 6, 2016, police responded to a domestic disturbance at Young’s home; no arrest that day. Young was charged the next day with one count of domestic violence (first-degree misdemeanor).
- Bench trial was held June 7, 2017; court found Young guilty and placed him on probation.
- Young appealed, arguing his trial counsel was ineffective for failing to object to (1) allegedly leading questions on direct examination of the victim and (2) alleged hearsay elicited from the responding police officer.
- The prosecutor’s questioned items included summary/leading-style questions to the victim and questions to the officer about what the victim told the officer on the scene.
- Trial court observed (and the appellate court applied) standards that (a) failure to object alone does not establish ineffective assistance, (b) trial judges may permit leading questions on direct, and (c) when the judge is the trier of fact, the judge is presumed able to disregard inadmissible hearsay unless shown otherwise.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not objecting to alleged leading questions to the victim | Prosecutor: questions were clarifying/summary and proper; no objection required | Young: failure to object to leading questions undermines counsel effectiveness | Court: admissible as clarification; within judge’s discretion; no ineffective assistance shown |
| Whether counsel was ineffective for not objecting to alleged hearsay from the officer | Prosecutor: victim testified and was cross-examined; bench judge presumed to disregard any inadmissible hearsay | Young: officer’s testimony about what victim told him was hearsay and prejudicial | Court: bench trial; no indication judge relied on inadmissible hearsay; counsel not deficient and no prejudice shown |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance standard requires deficient performance and prejudice)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio standard for reviewing ineffective-assistance claims)
- Ohio v. Holloway, 38 Ohio St.3d 239 (failure to object alone does not establish ineffective assistance)
- State v. Jackson, 92 Ohio St.3d 436 (trial court has discretion to allow leading questions on direct)