State v. Fields

Citations

• 2021 Ohio 1880

Syllabus

Ineffective assistant of counsel manifest weight. Appellant failed to make a prima facie case for race discrimination where there was only one Black juror on the panel. One Black potential juror was removed for cause and a second was removed on appellee's peremptory challenge. Appellant's counsel was not ineffective where he did not raise a Batson claim. The record does not show that the jury was affected by appellant's comment that the jury was racist or that appellant suffered prejudice, and it was therefore not ineffective of appellant's counsel to not request voir dire of the jury. Appellant's counsel's decision to not object to evidence and testimony admitted could be considered trial strategy and will not be second-guessed. Appellant has failed to overcome the burden that had trial counsel objected to the evidence and testimony the outcome of the trial would have been different. There was sufficient evidence to charge appellant as the getaway driver after the robbery. Appellant's counsel, where an objection to the trial court's jury instruction on flight would have been properly overruled, was not ineffective for not objecting to the instruction. Appellant's trial counsel's performance did not fall below a reasonable standard and was therefore not ineffective. The jury was in the best position to weigh the credibility of the witnesses and the evidence presented to determine appellant's role in the robbery. Appellant's convictions are not against the manifest weight of the evidence.