defendant asserting claim in Ohio

2012State v. Kole, 92 Ohio St.3d 303 , 306, 2001-Ohio-191 , 750 N.E.2d 148 , citing Strickland v. Washington (1984), 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 .

2010State v. Kole, 92 Ohio St.3d 303 , 306, 2001-Ohio-191 , 750 N.E.2d 148 , citing Strickland v. Washington (1984), 466 U.S. 668, 687 , 104 S.Ct. 2052 .

2026State v. Spaulding, 2016-Ohio-8126, ¶ 77 , quoting Strickland at 694 . {¶ 9} To show trial counsel’s performance was deficient or unreasonable, the defendant must overcome the presumption that counsel provided competent representation and must show counsel’s actions were not trial strategies prompted by reasonable professional judgment.

2025State v. Spaulding, 2016-Ohio-8126, ¶ 77 , quoting Strickland at 694 . {¶ 46} To show trial counsel’s performance was deficient or unreasonable, the defendant must overcome the presumption that counsel provided competent representation and must show counsel’s actions were not trial strategies prompted by reasonable professional judgment.

2011A defendant asserting a violation of the right to equal protection because of selective prosecution ‘bears a heavy burden.’ Id.

2011A defendant asserting a violation of the right to equal protection because of selective prosecution ‘bears a heavy burden.’ Id.

2007Thus, Shields concludes he did not receive effective assistance of counsel. {¶ 16} A defendant who pleads guilty may only attack the voluntary, knowing, and intelligent nature of the defendant's plea and "may not thereafter raise independent claims relating to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea." State v. Spates , 64 Ohio St.3d 269 , 272 , 1992-Ohio-130 . {¶ 17} A defendant asserting a claim of ineffective assistance of counsel must establish both that counsel performed unreasonably under the circumstances and that the unreasonable perf

2007We disagree. {¶ 15} A defendant who pleads guilty may only attack the voluntary, knowing, and intelligent nature of the defendant's plea and "may not thereafter raise independent claims relating to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea." State v. Spates , 64 Ohio St.3d 269 , 272 , 1992-Ohio-130 . *Page 9 {¶ 16} A defendant asserting a claim of ineffective assistance of counsel must establish both that counsel performed unreasonably under the circumstances and that the unreasonable performance prejudiced the defendant.

2011The right is not violated simply because others similarly situated are not prosecuted for similar conduct. * * * The standard is ‘intentional and purposeful discrimination.’ ” State v. Norris (2002), 147 Ohio App.3d 224, 229 , 769 N.E.2d 896 , quoting State v. Freeman (1985), 20 Ohio St.3d 55, 58 , 20 OBR 355, 485 N.E.2d 1043 . {¶ 27} With the exception of Turner’s unsubstantiated allegations, we can glean nothing substantive from the record to suggest that the actions taken by the state were in any way motivated by prosecutorial vindictiveness or political pressure.

2011The right is not violated simply because others similarly situated are not prosecuted for similar conduct. * * * The standard is ‘intentional and purposeful discrimination.’ ” State v. Norris (2002), 147 Ohio App.3d 224, 229 , 769 N.E.2d 896 , quoting State v. Freeman (1985), 20 Ohio St.3d 55, 58 , 20 OBR 355, 485 N.E.2d 1043 . {¶ 27} With the exception of Turner’s unsubstantiated allegations, we can glean nothing substantive from the record to suggest that the actions taken by the state were in any way motivated by prosecutorial vindictiveness or political pressure.

2011The right is not violated simply because others similarly situated are not prosecuted for similar conduct. * * * The standard is ‘intentional and purposeful discrimination.’ ” State v. Norris (2002), 147 Ohio App.3d 224, 229 , 769 N.E.2d 896 , quoting State v. Freeman (1985), 20 Ohio St.3d 55, 58 , 20 OBR 355, 485 N.E.2d 1043 . {¶ 27} With the exception of Turner’s unsubstantiated allegations, we can glean nothing substantive from the record to suggest that the actions taken by the state were in any way motivated by prosecutorial vindictiveness or political pressure.

2011The right is not violated simply because others similarly situated are not prosecuted for similar conduct. * * * The standard is ‘intentional and purposeful discrimination.’ ” State v. Norris (2002), 147 Ohio App.3d 224, 229 , 769 N.E.2d 896 , quoting State v. Freeman (1985), 20 Ohio St.3d 55, 58 , 20 OBR 355, 485 N.E.2d 1043 . {¶ 27} With the exception of Turner’s unsubstantiated allegations, we can glean nothing substantive from the record to suggest that the actions taken by the state were in any way motivated by prosecutorial vindictiveness or political pressure.

2007Thus, Shields concludes he did not receive effective assistance of counsel. {¶ 16} A defendant who pleads guilty may only attack the voluntary, knowing, and intelligent nature of the defendant's plea and "may not thereafter raise independent claims relating to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea." State v. Spates , 64 Ohio St.3d 269 , 272 , 1992-Ohio-130 . {¶ 17} A defendant asserting a claim of ineffective assistance of counsel must establish both that counsel performed unreasonably under the circumstances and that the unreasonable perf

2007We disagree. {¶ 15} A defendant who pleads guilty may only attack the voluntary, knowing, and intelligent nature of the defendant's plea and "may not thereafter raise independent claims relating to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea." State v. Spates , 64 Ohio St.3d 269 , 272 , 1992-Ohio-130 . *Page 9 {¶ 16} A defendant asserting a claim of ineffective assistance of counsel must establish both that counsel performed unreasonably under the circumstances and that the unreasonable performance prejudiced the defendant.

2025State v. Kole, 92 Ohio St.3d 303, 306 (2001), citing Strickland v. Washington, 466 U.S. 668, 686-687 (1984); State v. Drain, 2022-Ohio-3697, ¶ 67 . {¶32} In order to establish that counsel’s performance was deficient, the defendant must show that “counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment.” Strickland, at 687.

2023Second Assignment of Error {¶23} In his second assignment of error, Ford argues that he received ineffective assistance of counsel. 4 We note that even when considering Ford’s aggregate sentence under Gwynne, supra, the sentence was supported by the record. -10- Case No. 14-22-19 Standard of Review {¶24} A defendant asserting a claim of ineffective assistance of counsel must establish: (1) the counsel’s performance was deficient or unreasonable under the circumstances; and (2) the deficient performance prejudiced the defendant.

2020“Whether a genuine issue exists is answered by the following inquiry: [d]oes the evidence present ‘a sufficient disagreement to require submission to a jury’ or is it ‘so one-sided that one party must prevail as a matter of law[?]’” Id., quoting Anderson at 251-252 . -10- Case No. 10-19-04 {¶19} A defendant asserting a claim of ineffective assistance of counsel must establish: (1) the counsel’s performance was deficient or unreasonable under the circumstances; and (2) the deficient performance prejudiced the defendant.

2012State v. Kole, 92 Ohio St.3d 303, 306 (2001), citing Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 (1984). -6- Case Nos. 13-12-02, 13-12-03, 13-12-04 {¶13} As we have already stated, Harshman’s offenses are not allied under R.C. 2941.25(B) and Johnson, 2010-Ohio-6314 .

2011No. 1-10- 28, 2010-Ohio-5799, ¶16 , citing State v. Griffin (2001), 141 Ohio App.3d 551, 554 , 752 N.E.2d 310 . {¶14} A defendant asserting a claim of ineffective assistance of counsel must establish: (1) the counsel’s performance was deficient or unreasonable under the circumstances; and (2) the deficient performance prejudiced the defendant.

2011No. 1-10- 28, 2010-Ohio-5799, ¶16 , citing State v. Griffin (2001), 141 Ohio App.3d 551, 554 , 752 N.E.2d 310 . {¶14} A defendant asserting a claim of ineffective assistance of counsel must establish: (1) the counsel’s performance was deficient or unreasonable under the circumstances; and (2) the deficient performance prejudiced the defendant.

2011No. 1-10- 28, 2010-Ohio-5799, ¶16 , citing State v. Griffin (2001), 141 Ohio App.3d 551, 554 , 752 N.E.2d 310 . {¶14} A defendant asserting a claim of ineffective assistance of counsel must establish: (1) the counsel’s performance was deficient or unreasonable under the circumstances; and (2) the deficient performance prejudiced the defendant.

2009State v. Post (1987), 32 Ohio St.3d 380, 388 , 513 N.E.2d 754 . {¶59} A defendant asserting a claim of ineffective assistance of counsel must establish: (1) the counsel’s performance was deficient or unreasonable under the circumstances; and (2) the deficient performance prejudiced the defendant.

2009State v. Post (1987), 32 Ohio St.3d 380, 388 , 513 N.E.2d 754 . {¶59} A defendant asserting a claim of ineffective assistance of counsel must establish: (1) the counsel’s performance was deficient or unreasonable under the circumstances; and (2) the deficient performance prejudiced the defendant.

2007Strickland v. Washington (1984), 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 ; State v. Bradley (1989), 42 Ohio St.3d 136 .

2000The Seventh District Court of Appeals, citing State v. O'Brien (1987), 34 Ohio St.3d 7 , 9 , sought to draw a parallel between the duty of a defendant who has signed a speedy trial waiver to make a formal demand for trial prior to any claims of unwarranted delay, and the duty of a defendant asserting a violation of R.C. 2938.11 (F): We believe that this reasoning should also apply to an accused who is waiting for a trial court's decision after trial.