2025 Ohio 4410
Ohio2025Background
- Clark was convicted on multiple rape and gross sexual imposition counts involving a minor and pled guilty to several counts in 2016.
- After sentencing, Clark obtained new counsel and later sought to proceed with a direct appeal from Medina County case 16 CR 0734.
- Clark appealed to Ninth District; one assignment claimed improper waiver of counsel and Crim.R. 44(A) written waiver noncompliance.
- Ninth District reversed or remanded on some issues but ultimately affirmed, granting Clark’s App.R. 26(B) reopening based on allegedly ineffective appellate counsel.
- Upon reopening, the Ninth District required Clark to address whether prior appellate counsel was ineffective and prejudice from that deficiency.
- Clark’s reopened-appeal brief largely failed to separately argue ineffective-counsel claim with Strickland prejudice, leading to dismissal of merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether App.R. 26(B)(7) requires addressing ineffective counsel and prejudice | Clark | State | Mandatory; must address deficiency and prejudice |
| Whether failure to address Strickland test bars review in reopened appeal | Clark | State | Failure to address test defeats review; result affirmed |
| Whether supplemental briefing is available to resolve issues in reopened appeals | Clark | State | Appellate court may order supplemental briefing |
| Whether the court should adopt a presumption approach to counsel ineffectiveness when arguments are not separately raised | Clark dissent | State | Court rejected presumption; required explicit App.R. 26(B)(7) showing |
Key Cases Cited
- Murnahan, 63 Ohio St.3d 60 (Ohio 1991) (allows delayed reconsideration for ineffective appellate-counsel claims)
- State v. Leyh, 2022-Ohio-292 (Ohio 2022) (reopened-appeal framework; strata for Strickland test in reopening)
- State v. Davis, 2008-Ohio-4608 (Ohio 2008) (sets standard for briefing deficiencies and res judicata relevance)
- State v. Talley, 2023-Ohio-883 (Ohio 2023) (presumption approach for ineffective assistance in reopened appeals used elsewhere)
- State v. Carver, 2023-Ohio-2839 (Ohio 2023) (reopened-appeal review of ineffective-assistance claims)