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State v. Hill7/14/2005
{ } David Hill ("Hill") appeals his convictions for assault on a corrections officer. Hill argues that the verdicts are against the manifest weight of the evidence, that the burden-shifting requirement of R.C. _2901.05(A) is unconstitutional, and that trial counsel's failure to object to the burden-shifting requirement of R.C. _2901.05(A) constituted ineffective assistance of counsel. For the following reasons, we affirm.
{ } In the early morning hours of April 13, 2004, Corrections Officer Joseph Corrigan ("Corrigan") made his rounds throughout the eighth floor of the Cuyahoga County Jail. While performing his duties, Hill spoke with Corrigan and asked to speak with Corrigan's supervisor, Corporal Brian Williams ("Williams"). Corrigan informed Williams that Hill wanted to speak with him. Williams then responded to Hill's cell and observed him sitting on the top bunk. Williams heard Hill making unintelligible noises and entered Hill's cell to check on his condition.
{ } When Williams entered the cell, Hill swore at Williams, which prompted Williams to radio for assistance. Before help arrived, Hill attempted to strike Williams from his seated position. Williams then deployed pepper foam into Hill's face, which only caused Hill to become more irate. Hill leapt from his bed onto the floor and punched Williams three times in the face. Hill broke Williams' glasses, causing Williams to suffer cuts and bruises on his face. Williams continued to try to restrain Hill but Hill kept struggling, and even bit Williams on the ear, drawing blood.
{ } At that point, Corrigan came to Williams' aid and assisted in trying to restrain Hill. Corrigan activated his personal alarm transmitter that alerted the special response team.
Neither Williams or Corrigan were able to restrain Hill and when the special response team arrived, both officers backed out of the cell. The special response team restrained Hill, placed him in handcuffs, and removed him from his cell.
{ } Williams responded to the Cleveland Clinic where he received treatment for his bite wound. Sheriff's Detectives documented Williams' injuries through photographs, which were later admitted as exhibits during trial. Williams stated that he was unaware of any injuries suffered by Hill.
{ } Corrigan admitted that he did not suffer any injuries during the struggle. He also stated that he did not strike or kick Hill and, furthermore, that he did not witness Williams nor any member of the special response team strike or kick Hill. However, Corrigan admitted that Hill had bruises on his face but could not explain how the injuries occurred.
{ } County Jail physicians examined Hill on April 14, 2003 and April 23, 2004. During the second examination, Doctor Ahmed Elghazawi ("Elghazawi") observed swelling on Hill's face and discovered that Hill had a herniated disk in his lower back. Elghazawi could not state for certain whether the injury to Hill's back resulted from the April 13, 2004 incident.
{ } The Cuyahoga County Grand Jury returned an indictment against Hill charging him with two counts of assault on a correction's officer, in violation of R.C. ยง2903.13. The jury returned a verdict of guilty on both counts, and the trial court immediately sentenced Hill to a term of six months on each count, to run concurrent with each other but consecutive to the prison time already imposed on prior cases. Hill appeals, raising the three assignments of error contained in the appendix to this opinion.
{ } In his first assignment of error, Hill argues that the jury verdicts are against the manifest weight of the evidence. Specifically, Hill asserts that because the
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