State v. Burton
2014 Ohio 4207
Ohio Ct. App.2014Background
- Burton was charged with rape, attempted rape, kidnapping, felonious assault, and domestic violence in Cuyahoga County.
- He rejected a plea offering guilty to kidnapping, domestic violence, and felonious assault, with sentencing only on felonious assault.
- A jury convicted Burton of rape (tier III), domestic violence, and assault as a lesser included offense of felonious assault.
- Burton contended defense counsel failed to reveal highly incriminating evidence that would have induced acceptance of the plea.
- Defense conceded Burton left incriminating voicemails; Burton claimed not all evidence was shown to him prior to trial.
- The trial court denied Burton’s motion for a new trial; the court of appeals affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for not informing incriminating evidence | Burton | Burton | No reversible error; no deficient performance established |
| Failure to communicate trial strategy and urge plea | Burton | Burton | Not ineffective; no demonstrated prejudice |
| Conceding a physical encounter in opening statement | Burton | Burton | Strategy reasonable; offenses properly challenged |
| Motion for a new trial based on accident or surprise | Burton | Burton | Denied; no new ground entitling relief |
Key Cases Cited
- State v. Ishmail, 54 Ohio St.2d 402 (1978) (review on direct appeal relies on record)
- State v. Clayton, 62 Ohio St.2d 45 (1980) (ineffective assistance standards for trial strategy)
- State v. Elmore, 2006-Ohio-6207 (2006) (limits on evaluating trial strategy claims)
- State v. Peagler, 76 Ohio St.3d 496 (1996) (procedural requirement for first-time appellate issues)
- Lafler v. Cooper, U.S. (2012) (plea-bargain prejudice standard (federal))
- Strickland v. Washington, 466 U.S. 668 (1984) (deficient performance and prejudice standard)