City of South Euclid v. Datwan Hall

Summary

The Eighth District Court of Appeals affirmed Datwan Hall's domestic-violence conviction under R.C. 2919.25(A). The court held that Hall could not claim self-defense because he was at fault in creating the confrontation, and counsel was not ineffective for failing to provide notice of a futile self-defense claim. The court also concluded that sufficient evidence supported the conviction.

Holdings

1. Hall was not entitled to assert self-defense because the uncontroverted evidence established that he created the situation giving rise to the altercation by entering D.W.'s apartment without permission, pushing his way inside, taking her phone, and refusing to return it.
2. Trial counsel was not ineffective for failing to file written notice of an intent to present self-defense because asserting self-defense would have been futile, and the failure to perform a futile act cannot establish deficient performance or prejudice.
3. Sufficient evidence supported Hall's conviction because the victim's testimony and authenticated photographs established that Hall knowingly caused or attempted to cause physical harm to a family or household member.

Questions Presented

1. Whether the prosecution disproved self-defense beyond a reasonable doubt.
2. Whether trial counsel rendered ineffective assistance by failing to file written notice of an intent to present self-defense under Crim.R. 12.2.
3. Whether sufficient evidence supported Hall's domestic-violence conviction under R.C. 2919.25(A).

Disposition

affirmed