Strickland two-part test in Ohio

2020State v. Madrigal, 87 Ohio St.3d 378, 389 , 2000-Ohio-448 , 721 N.E.2d 52 , citing Strickland, 466 U.S. at 697 .

2008State v. Madrigal , 87 Ohio St.3d 378 , 389 , 2000-Ohio-448 , citing Strickland at 697. {¶ 27} In appellant's third assignment of error, the only specific allegation involving ineffective assistance of counsel is that trial counsel failed, at the Crim.

2023Cuyahoga Nos. 105926 and 105927, 2018-Ohio-1968, ¶ 21 , citing State v. Madrigal, 87 Ohio St.3d 378, 388-389 , 721 N.E.2d 52 (2000), and Strickland at 697 .

2020On the first prong, the court concluded that the law is “ ‘succinct and straightforward’ ” that relief under INA Section 212(c) was not available to Bozso and that counsel was therefore “deficient for not definitely determining the deportation consequences” of Bozso’s plea. 2018-Ohio-1750 at ¶ 20 , citing Padilla, 559 U.S. at 369 , 130 S.Ct. 1473 , 176 L.Ed.2d 284 .

2020On the first prong, the court concluded that the law is “ ‘succinct and straightforward’ ” that relief under INA Section 212(c) was not available to Bozso and that counsel was therefore “deficient for not definitely determining the deportation consequences” of Bozso’s plea. 2018-Ohio-1750 at ¶ 20 , citing Padilla, 559 U.S. at 369 , 130 S.Ct. 1473 , 176 L.Ed.2d 284 .

2020On the first prong, the court concluded that the law is “ ‘succinct and straightforward’ ” that relief under INA Section 212(c) was not available to Bozso and that counsel was therefore “deficient for not definitely determining the deportation consequences” of Bozso’s plea. 2018-Ohio-1750 at ¶ 20 , citing Padilla, 559 U.S. at 369 , 130 S.Ct. 1473 , 176 L.Ed.2d 284 .

2018State v. Madrigal , 87 Ohio St.3d 378 , 388-389, 721 N.E.2d 52 (2000), citing Strickland at 697, 104 S.Ct. 2052 . {¶ 29} Trial counsel's "failure to file a suppression motion does not constitute per se ineffective assistance of counsel" since "[f]iling a motion to suppress is not without risks." Kimmelman v. Morrison , 477 U.S. 365 , 384, 106 S.Ct. 2574 , 91 L.Ed.2d 305 (1986) ; Madrigal at 389, 721 N.E.2d 52 .

2018State v. Madrigal , 87 Ohio St.3d 378 , 388-389, 721 N.E.2d 52 (2000), citing Strickland at 697, 104 S.Ct. 2052 . {¶ 29} Trial counsel's "failure to file a suppression motion does not constitute per se ineffective assistance of counsel" since "[f]iling a motion to suppress is not without risks." Kimmelman v. Morrison , 477 U.S. 365 , 384, 106 S.Ct. 2574 , 91 L.Ed.2d 305 (1986) ; Madrigal at 389, 721 N.E.2d 52 .

2018State v. Madrigal, 87 Ohio St.3d 378, 388-389 , 721 N.E.2d 52 (2000), citing Strickland at 697 . {¶31} Generally, the decision whether to call a witness “falls within the rubric of trial strategy and will not be second-guessed by a reviewing court.” State v. Treesh, 90 Ohio St.3d 460, 490 , 739 N.E.2d 749 (2001); see also State v. Williams, 74 Ohio App.3d 686, 694 , 600 N.E.2d 298 (8th Dist.1991).

2018State v. Madrigal, 87 Ohio St.3d 378, 388-389 , 721 N.E.2d 52 (2000), citing Strickland at 697 . {¶31} Generally, the decision whether to call a witness “falls within the rubric of trial strategy and will not be second-guessed by a reviewing court.” State v. Treesh, 90 Ohio St.3d 460, 490 , 739 N.E.2d 749 (2001); see also State v. Williams, 74 Ohio App.3d 686, 694 , 600 N.E.2d 298 (8th Dist.1991).

2006Ed. 2d 1154 , 98 S. Ct. 3135 ; State v. Calhoun, 86 Ohio St.3d 279 , 289 , 1999-Ohio-102 , 714 N.E.2d 905 . {¶ 112} As to the second element of the test, the defendant must establish "that there exists a reasonable probability that, were it not for counsel's errors, the result of the trial would have been different." State v. Bradley (1989), 42 Ohio St.3d 136 , 538 N.E.2d 373 , paragraph three of the syllabus; Strickland, supra, at 686 . {¶ 113} The failure to prove either prong of the Strickland two-part test makes it unnecessary for a court to consider the other prong.

2006Ed. 2d 1154 , 98 S. Ct. 3135 ; State v. Calhoun, 86 Ohio St.3d 279 , 289 , 1999-Ohio-102 , 714 N.E.2d 905 . {¶ 112} As to the second element of the test, the defendant must establish "that there exists a reasonable probability that, were it not for counsel's errors, the result of the trial would have been different." State v. Bradley (1989), 42 Ohio St.3d 136 , 538 N.E.2d 373 , paragraph three of the syllabus; Strickland, supra, at 686 . {¶ 113} The failure to prove either prong of the Strickland two-part test makes it unnecessary for a court to consider the other prong.

2006Ed. 2d 1154 , 98 S. Ct. 3135 ; State v. Calhoun, 86 Ohio St.3d 279 , 289 , 1999-Ohio-102 , 714 N.E.2d 905 . {¶ 112} As to the second element of the test, the defendant must establish "that there exists a reasonable probability that, were it not for counsel's errors, the result of the trial would have been different." State v. Bradley (1989), 42 Ohio St.3d 136 , 538 N.E.2d 373 , paragraph three of the syllabus; Strickland, supra, at 686 . {¶ 113} The failure to prove either prong of the Strickland two-part test makes it unnecessary for a court to consider the other prong.

2006Ed. 2d 1154 , 98 S. Ct. 3135 ; State v. Calhoun, 86 Ohio St.3d 279 , 289 , 1999-Ohio-102 , 714 N.E.2d 905 . {¶ 112} As to the second element of the test, the defendant must establish "that there exists a reasonable probability that, were it not for counsel's errors, the result of the trial would have been different." State v. Bradley (1989), 42 Ohio St.3d 136 , 538 N.E.2d 373 , paragraph three of the syllabus; Strickland, supra, at 686 . {¶ 113} The failure to prove either prong of the Strickland two-part test makes it unnecessary for a court to consider the other prong.

2006Ed. 2d 1154 , 98 S. Ct. 3135 ; State v. Calhoun, 86 Ohio St.3d 279 , 289 , 1999-Ohio-102 , 714 N.E.2d 905 . {¶ 112} As to the second element of the test, the defendant must establish "that there exists a reasonable probability that, were it not for counsel's errors, the result of the trial would have been different." State v. Bradley (1989), 42 Ohio St.3d 136 , 538 N.E.2d 373 , paragraph three of the syllabus; Strickland, supra, at 686 . {¶ 113} The failure to prove either prong of the Strickland two-part test makes it unnecessary for a court to consider the other prong.

1999The United States Supreme Court has repeatedly held that "the exclusionary rule is an essential part of both the Fourth and Fourteenth Amendments." Mapp v. Ohio (1961), 367 U.S. 643 , 657 , 81 S.Ct. 1684 , 1693 (emphasis added).

1999The United States Supreme Court has repeatedly held that "the exclusionary rule is an essential part of both the Fourth and Fourteenth Amendments." Mapp v. Ohio (1961), 367 U.S. 643 , 657 , 81 S.Ct. 1684 , 1693 (emphasis added).