2011 Ohio 4462
Ohio Ct. App.2011Background
- D.R. appeals a dispositional order in which the Lorain County Court of Common Pleas, Juvenile Division, committed him to the Lorain County Jail for three consecutive 90‐day terms.
- D.R. admitted delinquency for two counts of complicity and one count of obstructing official business.
- During the dispositional hearing, counsel questioned whether the recommended dispositions included a suspended jail sentence; the court clarified jail terms were suspended only as to the detention home and would be served in an adult facility.
- D.R. agreed with the recommendations to the point of wishing the matter closed out.
- The court sentenced D.R. to 90 days for each offense, with 54 days credit for time served on count one, and deemed the dispositions not fully suspended for juvenile detention.
- D.R. argues ineffective assistance of counsel, claiming counsel failed to object or move to withdraw admissions given the misunderstanding of the dispositions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel based on admission and disposition misunderstanding | D.R. argues counsel failed to object or move to withdraw admission | Record lacks evidence of premised errors; claims outside record | Assignment overruled; no direct-record basis for ineffectiveness |
Key Cases Cited
- In re Wood, 9th Dist. No. 04CA0005-M, 2004-Ohio-6539 (2004) (standard for ineffective assistance in juvenile/adult context)
- State v. Xie, 62 Ohio St.3d 521, 1992 (Ohio 1992) (juvenile admission standard requires reasonable probability of interruption without counsel)
- State v. Cooperrider, 4 Ohio St.3d 226, 1983 (Ohio 1983) (prematurity of claims on direct appeal when evidence outside record)
- State v. Sweeten, 9th Dist. No. 07CA009106, 2007-Ohio-6547 (2007) (post-conviction remedy for evidence outside the record)