State v. Redding

2019 Ohio 5302
CourtOhio Court of Appeals
DecidedDecember 23, 2019
Docket14-19-01
StatusPublished
Cited by5 cases

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Bluebook
State v. Redding, 2019 Ohio 5302 (Ohio Ct. App. 2019).

Opinion

[Cite as State v. Redding, 2019-Ohio-5302.]

IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT UNION COUNTY

STATE OF OHIO,

PLAINTIFF-APPELLEE, CASE NO. 14-19-01

v.

ANTHONY WAYNE REDDING, OPINION

DEFENDANT-APPELLANT.

Appeal from Union County Common Pleas Court Trial Court No. 2018-CR-0038

Judgment Affirmed

Date of Decision: December 23, 2019

APPEARANCES:

Allen Vender for Appellant

Courtland Perry for Appellee Case No. 14-19-01

ZIMMERMAN, P.J.

{¶1} Defendant-appellant, Anthony W. Redding (“Redding”), appeals the

September 18, 2018 judgment entry of sentence of the Union County Court of

Common Pleas. For the reasons that follow, we affirm.

{¶2} This case stems from a February 17, 2018 altercation between Redding

and the victim, S.S., during which Redding caused S.S. serious-physical harm by

striking her in the face. Prior to the altercation, Redding and S.S. had been in a

relationship with each other for three years. Redding alleged that he acted in self-

defense. He was previously convicted of felonious assault in 2008.

{¶3} On March 1, 2018, the Union County Grand Jury indicted Redding on

one count of felonious assault in violation of R.C. 2903.11(A)(1), (D)(1)(a), a

second-degree felony, with a repeat-violent-offender specification under R.C.

2941.149(A). (Doc. No. 2). On March 28, 2018, Redding appeared for arraignment

and entered a plea of not guilty. (Doc. No. 7).

{¶4} The case proceeded to a jury trial on September 17, 2018. The jury

found Redding guilty of felonious assault on September 18, 2019. (Doc. Nos. 52,

53). That same day, the trial court determined that Redding is a repeat violent

offender as alleged by the specification in the indictment. (Doc. No. 54). The trial

court sentenced Redding to 8 years in prison on Count One and 10 years in prison

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on the repeat-violent-offender specification, and ordered that Redding serve the

terms consecutively for an aggregate sentence of 18 years. (Id.).

{¶5} After this court granted Redding leave to file a delayed appeal, Redding

filed his notice of appeal on January 4, 2019 and raises three assignments of error.

(Doc. No. 63). We will begin by addressing his first and second assignments

together, followed by his third assignment of error.

Assignment of Error No. I

Anthony Redding received ineffective assistance of counsel because his attorney failed to object to inadmissible, irrelevant and prejudicial evidence that Redding had previous arrests. Sixth and Fourteenth Amendments to the United States Constitution; Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 8 L.Ed.2d 674 (1984); State v. Bradley, 42 Ohio St.3d 136, 538 N.E.2d 373 (1989); Evid.R. 401, 403(A) 404(b); Volume I, Tr. 87-88; Volume II, 63, 68-69.

Assignment of Error No. II

Anthony Redding received ineffective assistance of counsel because his attorney failed to object to inadmissible, irrelevant and prejudicial evidence that Redding had scratched profane words into [S.S.’s] door. Sixth and Fourteenth Amendments to the United States Constitution; Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 8 L.Ed.2d 674 (1984); State v. Bradley, 42 Ohio St.3d 136, 538 N.E.2d 373 (1989); Evid.R. 401, 403(A); Volume II, 49-52.

{¶6} In his first and second assignments of error, Redding argues that his

trial counsel was ineffective for failing to object to the admission of evidence of his

-3- Case No. 14-19-01

prior arrests and an allegation that he vandalized S.S.’s front door with profane

language.

Standard of Review

{¶7} A defendant asserting a claim of ineffective assistance of counsel must

establish: (1) the counsel’s performance was deficient or unreasonable under the

circumstances; and (2) the deficient performance prejudiced the defendant. State v.

Kole, 92 Ohio St.3d 303, 306 (2001), citing Strickland v. Washington, 466 U.S. 668,

687, 104 S.Ct. 2052 (1984). In order to show counsel’s conduct was deficient or

unreasonable, the defendant must overcome the presumption that counsel provided

competent representation and must show that counsel’s actions were not trial

strategies prompted by reasonable professional judgment. Strickland at 687.

Counsel is entitled to a strong presumption that all decisions fall within the wide

range of reasonable professional assistance. State v. Sallie, 81 Ohio St.3d 673, 675

(1998). Tactical or strategic trial decisions, even if unsuccessful, do not generally

constitute ineffective assistance. State v. Carter, 72 Ohio St.3d 545, 558 (1995).

Rather, the errors complained of must amount to a substantial violation of counsel’s

essential duties to his client. See State v. Bradley, 42 Ohio St. 3d 136, 141-42

(1989), quoting State v. Lytle, 48 Ohio St.2d 391, 396 (1976), vacated in part on

other grounds, 438 U.S. 910, 98 S.Ct. 3135 (1978).

-4- Case No. 14-19-01

{¶8} “Prejudice results when ‘there is a reasonable probability that, but for

counsel’s unprofessional errors, the result of the proceeding would have been

different.’” State v. Liles, 3d Dist. Allen No. 1-13-04, 2014-Ohio-259, ¶ 48, quoting

Bradley at 142, citing Strickland at 691. “‘A reasonable probability is a probability

sufficient to undermine confidence in the outcome.’” Id., quoting Bradley at 142

and citing Strickland at 694.

Analysis

{¶9} On appeal, Redding argues that his trial counsel was ineffective for

failing to object to certain “other acts” evidence that he contends was inadmissible

under the Ohio rules of evidence. Specifically, Redding argues that his trial counsel

was ineffective for failing to object to testimonial evidence presented by Sergeant

Nathan Sachs (“Sergeant Sachs”) and Officer Jacob Smith (“Officer Smith”) of the

Marysville Police Department “suggest[ing] to the jury that [he] had a criminal

history.” (Appellant’s Brief at 6). Redding also argues that his trial counsel was

ineffective for failing to object to irrelevant and prejudicial testimonial evidence

presented by S.S. that he “allegedly scratched profane and misogynistic words into

[her] door * * * .” (Id. at 12).

{¶10} “The ‘failure to object to error, alone, is not enough to sustain a claim

of ineffective assistance of counsel.’” Liles at ¶ 49, quoting State v. Johnson, 112

Ohio St.3d 210, 2006-Ohio-6404, ¶ 139, citing State v. Holloway, 38 Ohio St.3d

-5- Case No. 14-19-01

239, 244 (1988). “To prevail on such a claim, a defendant must first show that there

was a substantial violation of any of defense counsel’s essential duties to his client

and, second, that he was materially prejudiced by counsel’s ineffectiveness.”

Holloway at 244, citing Lytle, 48 Ohio St.2d at 396-397 and Strickland, 466 U.S. at

668. “Because ‘objections tend to disrupt the flow of a trial, and are considered

technical and bothersome by the fact-finder,’ competent counsel may reasonably

hesitate to object in the jury’s presence.” State v. Campbell, 69 Ohio St.3d 38, 53

(1994), quoting Jacobs, Ohio Evidence, at iii-iv (1989).

{¶11} “‘Generally, evidence which tends to show that the accused has

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2019 Ohio 5302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-redding-ohioctapp-2019.