defendant bases an ineffective-assistance claim (Ohio) · Go Syfert
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defendant bases an ineffective-assistance claim in Ohio

14 Ohio opinions name it 2 courts 2007–2026 3 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Henry C. Miller v. Rod Francis, Wardengreen
ca6 · 2001 · cited in 10 Ohio opinions naming this issue, 2007–2026
2 sentences

2026“When a defendant bases an ineffective-assistance claim on an assertion that his counsel allowed the impanelment of a biased juror, the defendant ‘must show that the juror was actually biased against him.’” (Emphasis in original.) State v. Mundt, 2007- Ohio-4836, ¶ 67, quoting Miller v. Francis, 269 F.3d, 609, 616 (6th Cir. 2001).

2020Appellant focuses on Juror C.’s statements that he tended to believe children over adults and he might not be able to follow the law if appellant did not testify. {¶76} “When a defendant bases an ineffective-assistance claim on an assertion that his counsel allowed the impanelment of a biased juror, the defendant ‘must show that the juror was actually biased against him.’ (Emphasis added.)” State v. Mundt, 115 Ohio St.3d 22 , 2007-Ohio-4836 , 873 N.E.2d 828, ¶ 67 , quoting Miller v. Francis, 269 F.3d 609, 616 (6th Cir.2001).

810
United States v. Woodgreen
scotus · 1936 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025We explained that “[w]hen a defendant bases an ineffective-assistance claim on an assertion that his counsel allowed the impanelment of a biased juror, the defendant ‘must show that the juror was actually biased against him.’ ” (Emphasis added in Mundt.) Id., quoting Miller at 616 , citing Hughes at 458 . {¶ 30} Actual bias means “‘bias in fact’—the existence of a state of mind that leads to an inference that the person will not act with entire impartiality.” United States v. Torres, 128 F.3d 38, 43 (2d Cir. 1997), citing United States v. Wood, 299 U.S. 123, 133 (1936). “‘[T]he mere existence

11
Irvin v. Dowdgreen
scotus · 1961 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025State v. Warner, 55 Ohio St.3d 31, 47 (1990), quoting Irvin v. Dowd, 366 U.S. 717, 723 (1961).

11
United States v. Torresgreen
ca2 · 1997 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025We explained that “[w]hen a defendant bases an ineffective-assistance claim on an assertion that his counsel allowed the impanelment of a biased juror, the defendant ‘must show that the juror was actually biased against him.’ ” (Emphasis added in Mundt.) Id., quoting Miller at 616 , citing Hughes at 458 . {¶ 30} Actual bias means “‘bias in fact’—the existence of a state of mind that leads to an inference that the person will not act with entire impartiality.” United States v. Torres, 128 F.3d 38, 43 (2d Cir. 1997), citing United States v. Wood, 299 U.S. 123, 133 (1936). “‘[T]he mere existence

11
State v. Warnergreen
ohio · 1990 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025State v. Warner, 55 Ohio St.3d 31, 47 (1990), quoting Irvin v. Dowd, 366 U.S. 717, 723 (1961).

11
Smith v. Phillipsgreen
scotus · 1982 · cited in 1 Ohio opinions naming this issue, 2007–2007
2 sentences

2007See also Goeders v. Hundley (C.A.8, 1995), 59 F.3d 73, 75 , citing Smith v. Phillips (1982), 455 U.S. 209, 215 , 102 S.Ct. 940 , 71 L.Ed.2d 78 ; Carratelli v. State (Fla.App.2005), 915 So.2d 1256, 1260-1261 . {¶ 68} Although Mundt argues that Watson was biased, the record does not support that claim.

2007See also Goeders v. Hundley (C.A.8, 1995), 59 F.3d 73, 75 , citing Smith v. Phillips (1982), 455 U.S. 209, 215 , 102 S.Ct. 940 , 71 L.Ed.2d 78 ; Carratelli v. State (Fla.App.2005), 915 So.2d 1256, 1260-1261 . {¶ 68} Although Mundt argues that Watson was biased, the record does not support that claim.

11
Kline E. Goeders v. Thomas E. Hundleygreen
ca8 · 1995 · cited in 1 Ohio opinions naming this issue, 2007–2007
1 sentence

2007See also Goeders v. Hundley (C.A.8, 1995), 59 F.3d 73, 75 , citing Smith v. Phillips (1982), 455 U.S. 209, 215 , 102 S.Ct. 940 , 71 L.Ed.2d 78 ; Carratelli v. State (Fla.App.2005), 915 So.2d 1256, 1260-1261 . {¶ 68} Although Mundt argues that Watson was biased, the record does not support that claim.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
State v. Mundt green
ohio · 2007
2 sentences

2023As previously discussed, we will not second-guess such strategic decisions on appeal. {¶ 54} Moreover, “[w]hen a defendant bases an ineffective-assistance claim on an assertion that his counsel allowed the impanelment of a biased juror, the defendant ‘must show that the juror was actually biased against him.’ ” (Emphasis and citations omitted.) Mundt, 115 Ohio St.3d 22 , 2007-Ohio-4836 , 873 N.E.2d 828, at ¶ 67 .

2023As previously discussed, we will not second-guess such strategic decisions on appeal. {¶ 54} Moreover, “[w]hen a defendant bases an ineffective-assistance claim on an assertion that his counsel allowed the impanelment of a biased juror, the defendant ‘must show that the juror was actually biased against him.’ ” (Emphasis and citations omitted.) Mundt, 115 Ohio St.3d 22 , 2007-Ohio-4836 , 873 N.E.2d 828, at ¶ 67 .

82014–2023
State v. Pickens (Slip Opinion) green
ohio · 2014
2 sentences

2020We explained that “[w]hen a defendant bases an ineffective-assistance claim on an assertion that his counsel allowed the impanelment of a biased juror, the defendant ‘must show that the juror was actually biased against him.’ ” (Emphasis added in Mundt.) Id., quoting Miller v. Francis at 616 . {¶ 86} We applied the actual-bias standard in State v. Pickens, 141 Ohio St.3d 462 , 2014-Ohio-5445 , 25 N.E.3d 1023 , another death-penalty case with facts remarkably similar to this one.

2020We explained that “[w]hen a defendant bases an ineffective-assistance claim on an assertion that his counsel allowed the impanelment of a biased juror, the defendant ‘must show that the juror was actually biased against him.’ ” (Emphasis added in Mundt.) Id., quoting Miller v. Francis at 616 . {¶ 86} We applied the actual-bias standard in State v. Pickens, 141 Ohio St.3d 462 , 2014-Ohio-5445 , 25 N.E.3d 1023 , another death-penalty case with facts remarkably similar to this one.

22016–2020
Marshall Dwayne Hughes v. United States green
ca6 · 2001
1 sentence

2007When a defendant bases an ineffective-assistance claim on an assertion that his counsel allowed the impanelment of a biased juror, the defendant “must show that the juror was actually biased against him.” (Emphasis added.) Miller v. Francis, 269 F.3d at 616 , citing Hughes v. United States (C.A.6, 2001), 258 F.3d 453, 458 .

12007–2007
Carratelli v. State green
fladistctapp · 2005
1 sentence

2007See also Goeders v. Hundley (C.A.8, 1995), 59 F.3d 73, 75 , citing Smith v. Phillips (1982), 455 U.S. 209, 215 , 102 S.Ct. 940 , 71 L.Ed.2d 78 ; Carratelli v. State (Fla.App.2005), 915 So.2d 1256, 1260-1261 . {¶ 68} Although Mundt argues that Watson was biased, the record does not support that claim.

12007–2007

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2903.01 (5) OH § Ohio Rev. Code § 2907.02 (4) OH § Ohio Rev. Code § 2929.04 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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