In re L.N.
2017 Ohio 9062
| Ohio Ct. App. | 2017Background
- In October 2014 the juvenile court adjudicated L.N., then 15, delinquent for gross sexual imposition (contact with his 4‑year‑old sister) and committed him to ODYS with disposition suspended pending treatment at JRCNO.
- While at JRCNO, L.N. was charged in a separate gross sexual imposition case (alleged conduct at age 13); following that adjudication the court in June 2015 committed him to ODYS.
- L.N. remained in ODYS until August 4, 2016; the juvenile court held a sexual‑offender registration and tier classification hearing and classified him as a Tier II sex offender.
- L.N. appealed, arguing the juvenile court erred by holding the R.C. 2152.83(B)(1) classification hearing at the time it did (contending it should have been held at disposition or at release from the secure facility).
- The appellate court affirmed in June 2017 but invoked the Knapp/Knapp‑transcript rule: because no transcript of the July/August 2016 classification hearings was provided, the appellate court presumed the trial court’s rulings were correct and declined to decide the timing error on the merits.
- L.N. filed an App.R. 26(B) application to reopen based on ineffective assistance of appellate counsel for failing to procure the transcript; the court granted reopening, finding a genuine issue that counsel’s omission prejudiced L.N., and ordered briefing on the sole issues raised in the application.
Issues
| Issue | Plaintiff's Argument (L.N.) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether appellate counsel’s failure to order transcripts deprived L.N. of effective assistance on appeal | Counsel failed to obtain the transcripts of the classification hearings, resulting in an incomplete record and prejudice | Appellate counsel made a strategic decision to avoid transcribing hearings; transcripts unnecessary because issues could be resolved without them | Reopening granted: court finds a genuine issue that counsel was deficient and that absence of transcript prejudiced L.N.; remand for briefing on the issue |
| Whether the juvenile court erred by holding the R.C. 2152.83(B)(1) classification hearing at the time it did | The hearing should have been held at disposition or upon release from the secure facility (per statute) | The state argued the issue could be resolved without transcripts and the timing was reasonable; record incomplete | Court did not decide on the merits due to missing transcript; ordered case proceed as on initial appeal so merits can be reviewed with complete record |
Key Cases Cited
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (Ohio 1980) (appellant bears duty to provide transcript; absent transcript, appellate court presumes regularity of lower‑court proceedings)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑prong standard for ineffective assistance of counsel: deficiency and prejudice)
- State v. Spivey, 84 Ohio St.3d 24 (Ohio 1998) (App.R. 26(B) ineffective‑assistance‑on‑appeal analysis follows Strickland)
- State v. Reed, 74 Ohio St.3d 534 (Ohio 1996) (applicant must show reasonable probability that, but for counsel’s errors, appeal would have been successful)