FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CR 13 02 0360
KONTURAS, Attorney at Law, for Appellant.
PATRICIA J. SMITH, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
JENNIFER HENSAL, PRESIDING JUDGE.
Defendant-Appellant, John Muzic, appeals from the judgment of
the Summit County Court of Common Pleas, denying his petition
for post-conviction relief. This Court affirms.
This Court previously outlined the facts of this case on
direct appeal. See State v. Muzic, 9th Dist. Summit
No. 27117, 2015-Ohio-1521. While babysitting for her aunt and
uncle, C.V. met Mr. Muzic and ultimately went home with him
to meet his dogs. Mr. Muzic provided C.V., who was sixteen at
the time, with alcohol and encouraged her to drink. As their
conversation turned to sex, C.V. became uncomfortable and
expressed her desire to leave. Mr. Muzic, however, insisted
she finish her drink and soon began placing his fingers down
her pants and underwear. When C.V. attempted to leave, he
forcibly dragged her to his bedroom. He then kissed her,
digitally penetrated her, and made her perform oral sex, all
while exerting pressure on her throat. The assault ended
after Mr. Muzic had vaginal intercourse with her and became
remorseful. Subsequently, C.V. returned to her aunt and
uncle's house where she called her brother and reported
the incident to the police. Though his version of the events
changed several times, Mr. Muzic ultimately claimed that he
and C.V. engaged in consensual sexual activity.
As a result of the foregoing incident, a jury found Mr. Muzic
guilty of kidnapping, rape, and gross sexual imposition. The
court sentenced him to a total of 15 years in prison and
classified him as a tier III sexual offender. On direct
appeal, this Court affirmed Mr. Muzic's convictions.
While Mr. Muzic's direct appeal was pending, he filed a
petition for postconviction relief. His petition was based on
the fact that, post-trial, his attorneys had discovered a
variety of social media posts that C.V. had authored. Mr.
Muzic argued that, had his attorneys known about the posts
before trial, they could have used them to attack C.V.'s
credibility. The State opposed Mr. Muzic's petition, and
the trial court held a hearing. Following the hearing, the
court also accepted additional briefs from both sides. The
court ultimately denied Mr. Muzic's petition on its
Mr. Muzic now appeals from the court's denial of his
petition and raises a single assignment of error for our
TRIAL COURT ERRED WHEN IT DENIED MR. MUZIC'S PETITION FOR
POST-CONVICTION RELIEF, FINDING THAT MR. MUZIC'S TRIAL
COUNSEL REPRESENTATION DID NOT REACH THE LEVEL OF INEFFECTIVE
ASSISTANCE OF COUNSEL, AND THAT MR. MUZIC WAS NOT PREJUDICED
OR DENIED EFFECTIVE ...