Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. McCoy

Court of Appeals of Ohio, Fifth District

September 11, 2006

STATE OF OHIO Plaintiff-Appellee
v.
DAVID C. MCCOY Defendant-Appellant

Criminal Appeal from the Court of Common Pleas, Case No. 05 CR 02 0024

For Plaintiff-Appellee: JOHN C. THATCHER, PROSECUTING ATTORNEY, JENNIFER L. SPRINGER, ASSISTANT PROSECUTOR

For Defendant-Appellant: JOHN S. DILTS, DAVID HOMER

Hon. John W. Wise, P. J. Hon. W. Scott Gwin, J. Hon. Julie A. Edwards, J., JUDGES:

OPINION

WISE, P. J.

{¶1} Appellant David McCoy ("appellant") appeals the verdict rendered in the Knox County Court of Common Pleas. Appellant raises issues regarding venue, ineffective assistance of counsel and rulings on evidentiary matters. The following facts give rise to this appeal.

{¶2} The incident that resulted in charges in this matter occurred on December 29, 2004. On this date, the victim, Justin Smith, was deer hunting with a group of men in Fredericktown, Knox County. Dean Sherman gave Mr. Smith permission to hunt on his property. However, at some point, Mr. Smith did not know whether he was still on Mr. Sherman's property as he did not see or cross any fences and did not observe any no trespassing signs.

{¶3} As he was hunting, Mr. Smith heard a chainsaw and yelling. Appellant approached Mr. Smith yelling that he wanted Mr. Smith's "fucking license and muzzle loader right now." Appellant twice stuck his finger in Mr. Smith's face and began shoving him. Mr. Smith apologized for being on appellant's property and told him he would leave. Appellant pushed Mr. Smith a third time. At that point, Mr. Smith dropped his gun and wrestled appellant to the ground. The two men struggled on the ground.

{¶4} During the struggle, and while appellant still had a hold of Mr. Smith, appellant grabbed the muzzle loader and began swinging it at Mr. Smith's face. Mr. Smith broke free from appellant and stood up. Appellant swung the muzzle loader against a tree causing it to break into pieces. Mr. Smith began to walk away from appellant toward the other members of his hunting party. As Mr. Smith was walking away, appellant struck him in the head with a piece of the muzzle loader. Mr. Smith passed out for approximately twenty to twenty-five seconds. Mr. Smith was transported to Knox Community Hospital and life-flighted to Grant Medical Center where he remained hospitalized for three days due to head injuries.

{¶5} On February 8, 2005, the Knox County Grand Jury indicted appellant for one count of felonious assault. This matter proceeded to trial on September 20, 2005. Following deliberations, the jury found appellant guilty as charged in the indictment. On November 4, 2005, the trial court sentenced appellant to three years imprisonment and ordered him to make restitution, in the amount of $42, 200.00, to Mr. Smith. Appellant timely filed a notice of appeal and sets forth the following assignment of error for our consideration:

{¶6} "I. THE CONVICTION IS UNLAWFUL AND VOIDABLE WHERE THE RECORD IS DEVOID OF EVIDENCE THAT THE CRIME CHARGED IN THE INDICTMENT IN FACT OCCURRED IN KNOX COUNTY, OHIO. THE VERDICT, CONVICTION AND SENTENCE ARE THUS CONTRARY TO LAW AND APPELLANT MUST BE DISCHARGED.

{¶7} "II. APPELLANT WAS DEPRIVED OF THE EFFECTIVE ASSISTANCE OF COUNSEL GUARANTEED BY THE SIXTH AMENDMENT WHERE HIS DEFENSE COUNSEL'S PERFORMANCE WAS SO DEFECTIVE THAT COUNSEL WAS NOT FUNCTIONING AS 'COUNSEL' AS INTENDED BY THE SIXTH AMENDMENT, RESULTING IN ACTUAL PREJUDICE TO APPELLANT'S FUNDAMENTAL RIGHT TO A FAIR TRIAL.

{¶8} "III. APPELLANT WAS DENIED HIS RIGHT TO A FAIR TRIAL GUARANTEED BY THE FIFTH, SIXTH AND FOURTEENTH AMENDMENTS WHERE THE ACTIONS OF THE TRIAL COURT WERE ARBITRARY AND AN ABUSE OF DISCRETION IN EXCLUDING EVIDENCE OF THE ALLEGED VICTIM'S MOTIVE AND BIAS ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.