Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cleveland Municipal Court Case No.
2017 CRB 022395
Barbara A Langhenry, Cleveland Director of Law, Karrie
Howard, Chief Prosecutor, and Verlinda L. Powell, Assistant
City Prosecutor, for appellee.
Stanton, Cuyahoga County Public Defender, and Robert McCaleb,
Assistant Public Defender, for appellant
JOURNAL ENTRY AND OPINION
PATRICIA ANN BLACKMON, J.
1} Defendant-appellant, Deandrey P. Wiley, appeals
from his conviction for domestic violence. He assigns the
following errors for our review:
I. [Wiley's] conviction was obtained on insufficient
II. [Wiley's] conviction was against the manifest weight
of the evidence.
III. Trial counsel rendered constitutionally ineffective
assistance of counsel when he failed to impeach the alleged
victim [with her prior inconsistent statement and the police
body camera evidence].
2} Having reviewed the record and pertinent law, we
affirm. The apposite facts follow.
3} On October 2017, Wiley was charged with domestic
violence in violation of R.C. 2919.25, following a
confrontation with D.T., the mother of his eight-year-old
4} D.T. testified that she and Wiley lived together
until 2012. On October 7, 2017, Wiley telephoned D.T. to ask
about taking their child for an overnight visit. D.T. refused
to allow the overnight visit because Wiley would not provide
her with his address, and D.T. believed that Wiley's
current girlfriend "has an issue with her." A short
time later, Wiley and his girlfriend drove to D.T.'s home
to get the child while D.T. was not there. Wiley telephoned
D.T., and she stated that Wiley could not take the child and
that they would discuss the matter when she returned home.
5} While en route home, D.T., who was a passenger in
her friend Aisha Baylor's ("Baylor") car,
spotted Wiley driving away with the child. Both drivers
stopped their vehicles, and D.T. removed the child from
Wiley's car. According to D.T., Wiley got out of the car
and said, "I should beat your ass." He was "in
[her] face," shook her, and "bumped [her] up
against the car." He then attempted to remove the child
from Baylor's car, and banged on the car after Baylor
locked the doors. Baylor drove off with the child, and D.T.
called the police. At that point according to D.T., Wiley
pushed her. She "remember[s] her hands touching the
6} On cross-examination, D.T. admitted that in her
statement to police after the incident, she did not indicate
that Wiley had pushed her to the ground, or that he had
bumped her up against the car. She also told officers who
responded to her home later that day that Wiley had scratched
her and given her bruises, but this was not included in her
7} Baylor testified that she stood between Wiley and
D.T. as they argued outside her car, but Wiley pushed her
away. As Baylor drove away with the child, she observed Wiley
slap D.T. and push her to the ground. On ...