State v. Findley, 2017 Ohio 7206

On January 7, 2015, 12-year-old S.D. ran away from home; later that night a man identifying himself as "Shawn" picked her up, took her to his basement bedroom, kissed and sexually assaulted her, then left her near an elementary school where her father found her.
S.D. reported the assault; hospital exam, swabs of her ears and neck, clothing, and a forensic rape kit were collected and submitted to the Ohio BCI.
BCI testing detected amylase (a saliva marker) on S.D.’s ears and neck; the amylase matched Findley’s DNA. Findley was indicted on rape and gross sexual imposition (plus two enticement counts later dismissed).
After a bench trial, the court convicted Findley of rape (R.C. 2907.02(A)(1)(b)) and gross sexual imposition (R.C. 2907.05(A)(4)) and acquitted him of the enticement counts (one count later vacated as unconstitutional).
Post‑trial, Findley moved for a new trial claiming trial counsel was ineffective for failing to obtain and introduce the underwear he had worn the night of the incident; the trial court denied the motions and sentenced him.
On appeal, Findley argued ineffective assistance under the Sixth and Fourteenth Amendments based on counsel’s failure to present the underwear as exculpatory evidence; the appellate court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial counsel rendered ineffective assistance by not obtaining/introdcing Findley’s underwear	Findley: counsel was deficient for not obtaining underwear that would have shown no sexual contact and explained absence of fluids on victim’s underwear	State: counsel’s handling of physical evidence was a tactical decision; no showing of deficient performance or prejudice	Court held counsel’s choice was tactical and did not constitute ineffective assistance; assignment of error overruled

Strickland v. Washington, 466 U.S. 668 (establishes two‑prong test for ineffective assistance of counsel)
State v. Gondor, 112 Ohio St.3d 377 (Ohio presumption that licensed attorney is competent; burden on appellant to prove ineffective assistance)
State v. Bradley, 42 Ohio St.3d 136 (prejudice standard: reasonable probability result would differ but for counsel's errors)
Clayton v. State, 62 Ohio St.2d 45 (debateable trial tactics do not constitute ineffective assistance)
State v. Romage, 138 Ohio St.3d 390 (holding R.C. 2905.05(A) overbroad and unconstitutional)