State v. Holley

Citations

• 2017 Ohio 7430

Syllabus

Trial counsel did not render ineffective assistance of counsel by admitting that Appellant was guilty of Domestic Violence by discussing the details of jury deliberation during voir dire by failing to poll the jury following its verdicts by failing to give a closing argument at the suppression hearing and by failing to object when the prosecution mentioned legal definitions during trial. Counsel's actions either fell within the realm of trial tactics or did not fall below any objective standard of reasonable representation. Appellant's conviction for Felonious Assault was also not against the manifest weight of the evidence. The record contains overwhelming evidence that the victim was rendered temporarily unconscious during the assault. This constitutes a temporary substantial incapacity, and, therefore, serious physical harm for purposes of R.C. 2903.11(A)(1). Affirmed.