State v. Femuels

Citations

• 2020 Ohio 2926

Syllabus

JUDICIAL BIAS – COUNSEL – DOMESTIC VIOLENCE – EVIDENCE – HARMLESS ERROR – SENTENCING: In a domestic-violence case, the trial court did not abuse its discretion in interrogating witnesses where the questions asked by the court were impartial and unbiased and were asked to assist the court in discovering what had transpired between the parties. Where defendant suffered no resulting prejudice, defense counsel was not ineffective for failing to impeach the victim with evidence of a prior inconsistent statement or failing to object to the trial court's interrogation of witnesses and limitation of defendant's testimony concerning certain statements that the victim had made. Where the trial court abused its discretion by prohibiting defendant from testifying about statements the victim had made that were not offered for their truth, but rather to show the victim's potential bias and motive to lie, any resulting error was harmless where the information that defendant had sought to introduce was presented to the court indirectly through other portions of defendant's testimony. The victim's testimony that defendant was the father of her child was sufficient to establish that the victim was a \family or household member\ under R.C. 2919.25(F)(1)(b). Where the comments made by the trial court at sentencing did not exhibit bias, and where the sentence imposed fell within the available sentencing range, the trial court did not abuse its discretion in imposing the misdemeanor sentence.