State v. Hicks
2013 Ohio 1904
Ohio Ct. App.2013Background
- Hicks was convicted of murder with firearm specifications after a 2003 bench trial and sentenced to 18 years to life.
- Direct appeal Hicks I affirmed the conviction; issues included trial rights and jury waiver.
- While direct appeal was pending, Hicks sought postconviction relief (2004) alleging denial of exculpatory evidence.
- Hicks II affirmed denial of the first postconviction petition; court held issue should have been raised on direct appeal.
- In 2012 Hicks filed a second postconviction petition alleging Lafler v. Cooper and Frye v. Missouri recognized a new right affecting plea negotiations; court denied without hearing, applying res judicata and rejecting the new-right theory.
- Appeals court affirmed the postconviction denial, holding Lafler/Frye do not create retroactive new rights and there was insufficient record of a seven-year plea offer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do Lafler and Frye create a newly recognized retroactive right? | Hicks argues Lafler/Frye create retroactive rights | No new retroactive right; issues governed by res judicata | No newly recognized retroactive right; res judicata barred |
| If allowed, did plea-bargain record evidence show ineffective assistance of counsel and prejudice? | Defense counsel misadvised about plea; seven-year offer existed | Record shows no seven-year offer; no prejudice | Record insufficient to show ineffective assistance or prejudice; no reversible error |
Key Cases Cited
- Lafler v. Cooper, 132 S. Ct. 1376 (U.S. 2012) (no new retroactive right; applies Strickland to plea negotiations)
- Missouri v. Frye, 132 S. Ct. 1399 (U.S. 2012) (no new retroactive right; counsel's duty in plea offers)
- State v. Perry, 10 Ohio St.2d 175 (1967) (res judicata bars claims that could have been raised on direct appeal)
- State v. Davis, 2008-Ohio-4608 (Ohio Supreme Court 2008) (res judicata governs postconviction successions; claims must be raised on direct appeal)
- Padilla v. Kentucky, 559 U.S. 356 (U.S. 2010) (plea- advice implicates Sixth Amendment right to counsel)