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City of Cleveland v. Wiley

Court of Appeals of Ohio, Eighth District, Cuyahoga

June 13, 2019

CITY OF CLEVELAND, Plaintiff-Appellee,
v.
DEANDREY P. WILEY, Defendant-Appellant.

          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.

          Mark A 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 evidence.
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 child.

         {¶ 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 ground."

         {¶ 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 written statement.

         {¶ 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 ...


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