ineffective counsel claim (Ohio) · Go Syfert
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ineffective counsel claim in Ohio

12 Ohio opinions name it 2 courts 1987–2026 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 (5)

CaseFollowedCited
Strickland v. Washingtongreen
scotus · 1984 · cited in 4 Ohio opinions naming this issue, 1987–2026
2 sentences

2024Nevertheless, because the lead opinion has addressed the issue, I will briefly discuss why its conclusion regarding the ineffective-counsel claim is incorrect. {¶ 43} “Counsel’s performance will not be deemed ineffective unless and until counsel’s performance is proved to have fallen below an objective standard of reasonable representation and, in addition, prejudice arises from counsel’s performance.” State v. Bradley, 42 Ohio St.3d 136, 538 N.E.2d 373 (1989), paragraph two of the syllabus, citing Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

2024Nevertheless, because the lead opinion has addressed the issue, I will briefly discuss why its conclusion regarding the ineffective-counsel claim is incorrect. {¶ 43} “Counsel’s performance will not be deemed ineffective unless and until counsel’s performance is proved to have fallen below an objective standard of reasonable representation and, in addition, prejudice arises from counsel’s performance.” State v. Bradley, 42 Ohio St.3d 136, 538 N.E.2d 373 (1989), paragraph two of the syllabus, citing Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

14
State v. Bradleygreen
ohio · 1989 · cited in 3 Ohio opinions naming this issue, 2014–2024
2 sentences

2024Nevertheless, because the lead opinion has addressed the issue, I will briefly discuss why its conclusion regarding the ineffective-counsel claim is incorrect. {¶ 43} “Counsel’s performance will not be deemed ineffective unless and until counsel’s performance is proved to have fallen below an objective standard of reasonable representation and, in addition, prejudice arises from counsel’s performance.” State v. Bradley, 42 Ohio St.3d 136, 538 N.E.2d 373 (1989), paragraph two of the syllabus, citing Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

2024Nevertheless, because the lead opinion has addressed the issue, I will briefly discuss why its conclusion regarding the ineffective-counsel claim is incorrect. {¶ 43} “Counsel’s performance will not be deemed ineffective unless and until counsel’s performance is proved to have fallen below an objective standard of reasonable representation and, in addition, prejudice arises from counsel’s performance.” State v. Bradley, 42 Ohio St.3d 136, 538 N.E.2d 373 (1989), paragraph two of the syllabus, citing Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

13
State v. Gustergreen
ohio · 1981 · cited in 1 Ohio opinions naming this issue, 2024–2024
2 sentences

2024The evidence presented at trial did not constitute an affirmative defense {¶ 31} Wilson asserts a single proposition of law, in which he argues that he was entitled to a self-defense jury instruction. “[A] court’s instructions to the jury should be addressed to the actual issues in the case as posited by the evidence and the pleadings.” State v. Guster, 66 Ohio St.2d 266, 271, 421 N.E.2d 157 (1981).

2024The evidence presented at trial did not constitute an affirmative defense {¶ 31} Wilson asserts a single proposition of law, in which he argues that he was entitled to a self-defense jury instruction. “[A] court’s instructions to the jury should be addressed to the actual issues in the case as posited by the evidence and the pleadings.” State v. Guster, 66 Ohio St.2d 266, 271, 421 N.E.2d 157 (1981).

11
State v. Guenther, Unpublished Decision (2-20-2007)green
ohioctapp · 2007 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024Sept. 29, 2000) (findings of fact and conclusions of law fail to address a determinative issue and provide a basis for a resolution of that issue”); State v. Crossley, 2020-Ohio- 6640, ¶ 35 (2d Dist.) (findings of fact and conclusions of law fail to specifically address an ineffective-counsel claim or sufficiently explain discounting the credibility of supporting affidavits); Ketterer at ¶ 38 (findings of fact and conclusions of law “generically label[ed],” then summarily denied, multiple postconviction claims and did not indicate review of supporting evidence); State v. Guenther, 2007-Ohio-68

11
State v. Ketterergreen
ohioctapp · 2017 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024Sept. 29, 2000) (findings of fact and conclusions of law fail to address a determinative issue and provide a basis for a resolution of that issue”); State v. Crossley, 2020-Ohio- 6640, ¶ 35 (2d Dist.) (findings of fact and conclusions of law fail to specifically address an ineffective-counsel claim or sufficiently explain discounting the credibility of supporting affidavits); Ketterer at ¶ 38 (findings of fact and conclusions of law “generically label[ed],” then summarily denied, multiple postconviction claims and did not indicate review of supporting evidence); State v. Guenther, 2007-Ohio-68

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 (5)

CaseCitedYears
State v. Gibson green
ohioctapp · 1980
2 sentences

2004State v. Gibson (1980), 69 Ohio App.2d 91 , 430 N.E.2d 954 ; State v. Buckingham, Montgomery App. No. 19205, 2003-Ohio-44 , at ¶ 21. {¶ 38} Finally, Earnest complains that his attorney failed to cross-examine Officer Mollohan.

2004State v. Gibson (1980), 69 Ohio App.2d 91 , 430 N.E.2d 954 ; State v. Buckingham, Montgomery App. No. 19205, 2003-Ohio-44 , at ¶ 21. {¶ 38} Finally, Earnest complains that his attorney failed to cross-examine Officer Mollohan.

22003–2004
State v. Spates green
ohio · 1992
2 sentences

2017C-100298 and C-100319, 2011-Ohio-1358 , 2011 WL 1085978 , ¶ 7-10, citing State v. Spates, 64 Ohio St.3d 269 , 272, 595 N.E.2d 351 (1992). {¶ 24} Ineffective-counsel claim.

2017C-100298 and C-100319, 2011-Ohio-1358 , 2011 WL 1085978 , ¶ 7-10, citing State v. Spates, 64 Ohio St.3d 269 , 272, 595 N.E.2d 351 (1992). {¶ 24} Ineffective-counsel claim.

12017–2017
State v. Nuhfer, L-07-1125 (3-20-2009) neutral
ohioctapp · 2009
1 sentence

2013Lucas No. L-07-1125, 2009-Ohio-1474, ¶ 22 .

12013–2013
State v. Carter green
ohioctapp · 1996
1 sentence

2005State v. Copeland (January 18, 2002), Montgomery App. No. 18711; State v. Carter (1996), 115 Ohio App.3d 770 , 776 . {¶ 35} The affidavit Defendant submitted in support of this ineffective counsel claim merely states that he would have testified at trial had he been asked to do so by his attorneys.

12005–2005
State v. Cole green
ohio · 1982
1 sentence

1998State v. Cole (1982), 2 Ohio St.3d 112 .

11998–1998

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2953.21 (3)

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.

Where else courts name it

PA 14 (1968–2026) OH 12 (1987–2026) TX 8 (1994–2025) LA 8 (1985–2023) CA 8 (1988–2022) DE 5 (2016–2019) AL 4 (1985–1995) OK 4 (2004–2020) NM 3 (1978–2008) NY 2 (1999–2001) IN 2 (1984–1990) VA 2 (2005–2023) ND 2 (1999–1999) MS 2 (2008–2017) AZ 2 (1986–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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