State v. Perkins

Citations

• 2025 Ohio 1661

Syllabus

Ineffective assistance of counsel; bench trial; felonious assault; R.C. 2903.11(A)(1); R.C. 2903.11(A)(2); aggravated assault; R.C. 2903.12(A); sudden passion; sudden fit of rage; serious provocation; inferior-degree offense; trial strategy; acquittal strategy; accident; mens rea; intent; bench trial presumptions; Crim.R. 31(C). Judgment affirmed. Trial counsel was not ineffective for failing to seek a conviction for aggravated assault instead of felonious assault. The decision to argue the shooting was accidental rather than provoked was a reasonable trial strategy aimed at acquittal. In a bench trial, the court is presumed to consider inferior-degree offenses warranted by the evidence, and no prejudice was shown under Strickland.