State v. Graham
2014 Ohio 1891
Ohio Ct. App.2014Background
- On Oct. 9, 2007, police stopped Anthony Graham and Winston Thomas; a canine alerted to marijuana and officers found multiple taped bundles totaling at least 20,000 grams.
- Graham was tried alone after Thomas absconded; a jury convicted Graham of possession and trafficking (merged; proceeded on trafficking).
- Because the jury found the 20,000-gram threshold, the trial court, under the law then in effect, imposed the mandatory maximum eight-year prison term; Graham was sentenced in July 2008.
- Thomas was later captured, returned to Warren County, convicted of the same offenses, and—under amended sentencing law (H.B. 86)—received a six-year term.
- In May 2013 Graham moved to modify or reduce his sentence based on disparity with Thomas; the trial court denied relief and Graham appealed, raising (1) sentencing disparity and (2) ineffective assistance of counsel for not seeking a new joint trial after Thomas’s return.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Graham's eight-year sentence should be reduced due to disparity with Thomas's six-year sentence | Graham: disparity is unjust; his sentence should be reduced to match Thomas | State: Graham was sentenced under the law in effect at his sentencing and the court properly applied statutory requirements | Court: Denied — Graham's sentence was legally required and within statutory range; disparity alone does not show error |
| Whether Graham received ineffective assistance of counsel for not seeking a new joint trial after Thomas's arrest | Graham: counsel should have sought a new trial once Thomas was returned so they could be tried together, which might change result | State: Issue waived (not raised below) and meritless; no evidence counsel was notified or that Graham requested retrial; meritless claims need not be pursued | Court: Denied — claim waived and, alternatively, fails Strickland review; no showing of deficient performance or prejudice |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective-assistance standard)
- Awan, 22 Ohio St.3d 120 (issues not raised in trial court generally cannot be raised on appeal)
- Reynolds, 79 Ohio St.3d 158 (postconviction relief procedure)
- Were, 118 Ohio St.3d 448 (attorneys need not pursue every conceivable avenue)
- Murphy, 91 Ohio St.3d 516 (counsel entitled to be selective in tactics)