2020 Ohio 1353
Ohio Ct. App.2020Background
- Benjamin A. Davis was convicted by jury of Assault on a Peace Officer and sentenced to 14 months imprisonment in May 2017; at sentencing neither he nor counsel requested waiver of court costs.
- The trial court had previously found Davis indigent and appointed counsel for trial and appeal.
- R.C. 2947.23(C) permits a trial court to waive court costs at sentencing or at any time thereafter.
- Davis appealed, arguing his trial counsel was ineffective for failing to request a waiver of court costs; the Fifth District initially rejected the claim, creating a conflict with the Eighth District.
- The Ohio Supreme Court remanded for the Bradley ineffective-assistance analysis, directing the appellate court to determine whether there was a reasonable probability the court would have waived costs if counsel had requested it.
- On remand the Fifth District applied Bradley and Strickland principles, concluded counsel’s omission was a permissible strategic choice, found no reasonable probability of a different outcome, and affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not requesting waiver of court costs at sentencing | Davis: prior indigency finding makes it reasonably probable the court would have waived costs if counsel requested it | State: R.C. 2947.23(C) allows waiver at any time; indigency alone doesn’t establish reasonable probability of waiver | Court: Counsel’s failure was defensible trial strategy; Davis did not show a reasonable probability the result would differ and thus no ineffective assistance |
Key Cases Cited
- State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (sets two-step ineffective-assistance framework)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (attorney-performance and prejudice standards; deference to strategic choices)
- State v. Threatt, 108 Ohio St.3d 277 (Ohio 2006) (pre-R.C. 2947.23(C) rule that failure to request waiver at sentencing was res judicata)
- State v. Dean, 146 Ohio St.3d 106 (Ohio 2015) (both deficiency and prejudice required to prevail on ineffective-assistance claim)
- State v. Phillips, 74 Ohio St.3d 72 (Ohio 1995) (debatable trial tactics do not establish ineffective assistance)