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State of Ohio v. Charles J. Bagwell

November 10, 2011

STATE OF OHIO PLAINTIFF-APPELLEE
v.
CHARLES J. BAGWELL DEFENDANT-APPELLANT



Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-543966

The opinion of the court was delivered by: Mary J. Boyle, J.:

Cite as State v. Bagwell,

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED

BEFORE: Boyle, J., Kilbane, A.J., and Sweeney, J.

{¶1} Defendant-appellant, Charles Bagwell, appeals his domestic violence conviction. He raises five assignments of error for our review:

{¶2} "[1.] Mr. Bagwell's conviction is not supported by legally sufficient evidence as required by state and federal due process.

{¶3} "[2.] Mr. Bagwell's conviction is against the manifest weight of the evidence.

{¶4} "[3.] Counsel's failure to object to prejudicial speculation by lay witnesses violated Mr. Bagwell's Sixth Amendment right to effective assistance of counsel.

{¶5} "[4.] The trial court violated Mr. Bagwell's constitutional right to a fair trial and to remain silent under the Fifth and Fourteenth Amendments to the United States Constitution and Article I, Section 10 of the Ohio Constitution when it instructed the jury regarding 'flight' over defense counsel's objection.

{¶6} "[5.] Counsel's failure to request waiver or object to court costs for an indigent defendant violated Mr. Bagwell's Sixth Amendment right to effective assistance of counsel."

{¶7} Finding no merit to the appeal, we affirm.

Procedural History and Factual Background

{¶8} In May 2010, Bagwell was indicted on one count of domestic violence with a furthermore clause that he had two prior domestic violence convictions and one prior menacing by stalking conviction.

{¶9} Rachelle Hale testified that in June 2010, Bagwell, who was her live-in boyfriend at the time, kicked her in her buttocks and left a bruise. They had been fighting in their bedroom in front of Hale's six-year-old daughter, Hanna. According to Hale, she was trying to leave the bedroom because she did not want to argue when Bagwell "came charging" at her. Hale said she "dropped to the floor," and that is when Bagwell kicked her.

{ΒΆ10} The next morning, Hale testified that she went to her neighbor's house, Priscilla Ziats, with her mother and her children. Hale told Ziats what had happened the previous night. Ziats told Hale and her children that if Bagwell did anything else to them or to Hale they could come to her house and knock on her window and she would call the police. That evening, Hale said that she and Bagwell continued to fight into the night. Around 6:00 a.m. the next morning, Hanna ran between Bagwell's legs to go to Ziats's house to ask her to call 911. When she did, Hale said that Bagwell "ran" because he had a warrant out for his arrest. When the police came, they could not ...


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