State v. Evans
2013 Ohio 1216
Ohio Ct. App.2013Background
- Evans was indicted in Medina County on three counts of rape of a minor under 13 and one count of pandering obscenity of a minor; victim was Evans’ daughter M.E.
- Evans pled no contest to pandering obscenity and jury found him guilty on two rape counts and one gross sexual imposition; total sentence 22.5 years.
- Evans appealed alleging ineffective assistance of counsel, insufficient evidence, weight of the evidence, and improper consecutive sentencing; direct appeal affirmed.
- Evans then filed a post-conviction relief petition under R.C. 2953.21 with newly appointed counsel and a three-day hearing.
- The trial court denied the petition in 2011; after new journal entries in 2012, Evans appealed again with one assignment of error.
- The appellate court ultimately affirmed the trial court’s denial of post-conviction relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel provided ineffective assistance. | Evans argues trial counsel failed to call Pettitt and failed to inform about a plea offer. | Evans contends counsel’s failure prejudiced him by preventing recantation evidence and a plea offer from being considered. | No abuse of discretion; no prejudice shown; assignment of error overruled. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes two-prong test for ineffective assistance)
- State v. Gondor, 112 Ohio St.3d 377 (2006-Ohio-6679) (abuse-of-discretion standard for post-conviction relief)
- State v. Braden, 2003-Ohio-2949 (10th Dist. No. 02AP-954) (credibility and evidentiary considerations in post-conviction hearings)
- Missouri v. Frye, 132 S. Ct. 1399 (2012) (prejudice element when plea offer is not communicated)
- Bradley v. State, 42 Ohio St.3d 136 (1989) (prejudice required for ineffective assistance with plea offers)
- Gondor, 2006-Ohio-6679 (Ohio Supreme Court) (affirms deference to trial court findings on post-conviction relief)
- State v. Mitchell, 53 Ohio App.3d 117 (1988) (credibility and weighing of evidence in post-conviction)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (standard for abuse of discretion)