2016 Ohio 8476
Ohio Ct. App.2016Background
- In 2011 Barker, charged as a juvenile with aggravated murder and murder, was transferred to common pleas court after a juvenile-court bindover and ultimately pleaded no-contest to multiple counts, receiving convictions in 2013.
- Barker appealed; this court affirmed, the Ohio Supreme Court remanded limited Miranda/voluntariness issues to this court, and on remand this court again affirmed; that appeal to the Ohio Supreme Court remained pending.
- Barker filed a postconviction petition under R.C. 2953.21 in January 2014 alleging ineffective assistance of trial counsel at the juvenile bindover hearing (failure to present developmental/psychological evidence and to call an expert). He sought an evidentiary hearing.
- The state argued the petition was untimely; the common pleas court denied the petition without a hearing on the merits. Barker appealed, arguing the petition was timely and that the court abused its discretion by denying a hearing and by refusing to permit amendment to include expert reports.
- The First District held the petition was timely because the 180-day filing period runs from filing of the trial-court transcripts necessary for the direct appeal (the “complete transcript”), which were not complete until May 27, 2014; but the court affirmed denial on the merits because Barker failed to submit sufficient operative facts to show Strickland prejudice and had not amended to include Dr. Davis’s reports before the court ruled.
Issues
| Issue | Plaintiff's Argument (Barker) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Timeliness / jurisdiction under R.C. 2953.21(A)(2) | The 180-day clock did not begin until the complete trial-court record (including pretrial suppression/bindover transcripts) was filed; petition filed Jan 17, 2014 was timely. | The clock began when plea/sentencing transcripts were filed April 18, 2013, so Barker’s petition was untimely and court lacked jurisdiction. | Court: 180-day period runs from filing of the transcripts of proceedings necessary for the direct appeal; the record was not complete until May 27, 2014, so petition was timely. |
| Whether petition warranted an evidentiary hearing | Barker alleged trial counsel was ineffective at the bindover and suppression stages and offered outside materials showing adolescent developmental evidence that counsel purportedly failed to present. | State maintained Barker failed to submit evidentiary material showing operative facts establishing Strickland prejudice; thus no hearing required. | Court: No hearing required. Barker failed to present sufficient operative facts or evidence showing a reasonable probability of a different result. |
| Sufficiency of the supporting evidence for ineffective-assistance claim | Offered: juvenile bindover evaluation, expert affidavit, juvenile development materials, amici briefs; promised additional Dr. Davis reports to be filed. | State: Existing materials did not demonstrate counsel’s performance was deficient or prejudicial at bindover. | Court: Materials before the court did not satisfy R.C. 2953.21(C) or Strickland; petition properly denied without hearing. |
| Denial of leave/amendment to add Dr. Davis reports | Barker argued he intended to amend and that the court abused its discretion by ruling before he filed the promised expert reports. | State noted Barker did not timely amend or request a stay; court had discretion to rule after briefing. | Court: Barker neither amended before the state’s response nor requested leave/stay; court did not abuse discretion in ruling; later-filed reports were not before the court. |
Key Cases Cited
- State v. Calhoun, 86 Ohio St.3d 279 (1999) (postconviction statutes apply to defendants convicted after trial or guilty/no-contest plea)
- State v. Everette, 129 Ohio St.3d 317 (2011) (definition of "trial transcript" tied to transcript-of-proceedings concepts under App.R. 9)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance-of-counsel test)
- State v. Perry, 10 Ohio St.2d 175 (1967) (res judicata bar for claims litigated on direct appeal)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (Ohio adoption of Strickland standard)
- State v. Pankey, 68 Ohio St.2d 58 (1981) (postconviction petition dismissal standard)
- State v. Jackson, 64 Ohio St.2d 107 (1980) (postconviction pleading and hearing standards)