State v. Chesrown, 2014 Ohio 680

In March 2010 police investigated sexual abuse allegations at Tallmadge Middle School involving 13-year-old M.G. and Chesrown.
M.G. lived with Chesrown; she testified about recordings on his cell phone and an earlier incident of touching in bed.
Officers obtained Chesrown’s consent to a home search; videotapes and other electronic media were confiscated and Chesrown aided officers in the search.
Chesrown was indicted on five counts: one gross sexual imposition and four counts of illegal use of a minor in nudity-oriented material or performance; a jury convicted him on all counts and he was sentenced to seven years in prison.
While direct appeal was pending, Chesrown filed a post-conviction petition alleging ineffective assistance of counsel for not calling Ronnie Hartline and for not investigating the juvenile court records; the trial court dismissed without a hearing.
The Ninth District affirmed, holding the trial court did not abuse its discretion in dismissing the petition without a hearing because Chesrown failed to prove prejudice from his counsel’s alleged deficiencies.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by not holding a hearing on the post-conviction petition	Chesrown argued the court should have held a hearing to develop evidence of ineffective assistance.	State contends no hearing was required given lack of demonstrated prejudice and insufficient evidentiary materials.	No abuse; no hearing required; petition lacked demonstrated prejudice.

Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (ineffective-assistance standard requiring deficient performance and prejudice)
State v. Mundt, 115 Ohio St.3d 22 (2007-Ohio-4836) (summary prejudice analysis for ineffective-assistance claims)
State v. Elmore, 111 Ohio St.3d 515 (2006-Ohio-6207) (credibility of affidavits in post-conviction relief proceedings)
State v. Jackson, 64 Ohio St.2d 107 (1980) (when a hearing on post-conviction relief is required)
State v. Calhoun, 86 Ohio St.3d 279 (1999) (standard for evaluating affidavits in post-conviction context)