In re J.S.
2016 Ohio 5120
Ohio Ct. App.2016Background
- Child J.S., born 2010, was found in August 2014 in unsafe conditions: unclothed, sleeping on bare floor, urine-soaked shoes, home lacking furniture/food, and Mother appeared intoxicated; child taken into protective custody and placed with Summit County Children Services (CSB).
- CSB filed neglect/dependency complaint citing developmental delays, lack of toilet training, immunizations, and behavioral issues; child adjudicated neglected and dependent and placed in foster care.
- Mother had prior involvement with children services and prior terminations of parental rights to two other children; CSB obtained a reasonable-efforts bypass and later moved for permanent custody of J.S.
- The trial court granted permanent custody to CSB and terminated Mother’s parental rights; Mother appealed raising ineffective-assistance-of-counsel and error related to the trial court’s handling of pretrial statement/local rule issues.
- The Ninth District affirmed, rejecting Mother’s ineffective-assistance claim (procedural default as to many specifics; directed-verdict argument not deficient because motions under Civ.R. 50 are inappropriate in non-jury trials) and rejecting her second assignment for failure to cite the record or legal authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Mother: trial counsel failed to challenge admissibility of evidence and did not move for directed verdict, prejudicing her case | CSB: Mother failed to identify record citations or show counsel’s performance was objectively deficient; directed-verdict motion inappropriate in a non-jury trial | Court: Overruled. Appellant failed to cite record (procedural default) and failed to show deficient performance regarding directed verdicts in non-jury proceedings |
| Trial court excused State from complying with local pretrial rules/reminded State to move exhibits after resting | Mother: court’s actions constituted plain error or abuse of discretion and prejudiced her due process rights | CSB: Mother did not specify record points, legal authority, or show prejudice; appellate rules require argument and citations | Court: Overruled. Assignment disregarded for failure to comply with App.R. 16(A)(7) and to demonstrate prejudice |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (Ineffective-assistance standard requires deficient performance and prejudice)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio adoption of Strickland two-part ineffective-assistance test)
- Tewarson v. Simon, 141 Ohio App.3d 103 (directed-verdict motions under Civ.R. 50 inappropriate in non-jury trials)