State v. Blackshear, 2011 Ohio 2059

Blackshear was convicted in 2006 of possession of crack cocaine and received a two-year prison term.
The 2006 sentence included post-release control language that stated discretion for the Parole Board was optional for the defendant's term.
Blackshear was released in 2008 and placed on post-release control under APA supervision.
In October 2009, a residence search during APA supervision uncovered heroin and a weapon, leading to new charges in 2010.
Blackshear was indicted in 2010 on heroin possession (1–5 grams) and two counts of having a weapon while under disability; one weapon count was dismissed after a no-contest plea to the other two counts.
Blackshear moved to dismiss the new charges arguing improper imposition of post-release control in 2006; the trial court overruled the motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the indictment proper given the supposed void post-release control?	Blackshear argues post-release control was void due to discretionary language.	Blackshear contends the prior error voids the APA's authority for supervision.	Assignment of error overruled; indictment not inherently defective on that basis.
Should the motion to dismiss have been treated as a motion to suppress?	If post-release control was void, the search was illegal and evidence should be suppressed.	Motion to dismiss should have encompassed suppression; otherwise the evidence remains admissible.	Motion to dismiss not treated as a suppression motion; evidence may be challenged by suppression later.
Was trial counsel ineffective for not filing a suppression motion?	If suppression would have been granted, counsel's failure was ineffective.	Failure to file a suppression motion does not automatically prove ineffectiveness.	Counsel's performance sustained: there was a reasonable probability suppression would have been granted.

State v. Terry, 2010-Ohio-5391 (Ohio) (mandatory notification and journalization of post-release control terms)
State v. Bloomer, 122 Ohio St.3d 200 (2010) (post-release control must be properly imposed; discretion vs. mandatory terms)
State v. Renner, 2011-Ohio-502 (App. 2011) (voidity when post-release control not properly imposed)
State v. Gonzalez, 2009-Ohio-5759 (App. 2009) (language allowing board discretion renders term void)
State v. Pointer, 2011-Ohio-1419 (App. 2011) (discusses erroneous imposition and consequences)
State v. Fischer, 128 Ohio St.3d 92 (2010) (void post-release control when not properly imposed)
Watkins v. Collins, 2006-Ohio-5082 (Ohio) (reviews standards for post-release control imprecision)
United States v. Crews, 445 U.S. 463 (1980) (illegality of arrest vs. suppression remedy)
State v. Maddox, 1982 (Ohio) (suppression requirement vs. dismissal remedy)
State v. Howard, 2011-Ohio-27 (App. 2011) (ineffective assistance requires prejudice; not per se)