State v. Hurst, 2014 Ohio 4890

Hurst pled guilty to one count of sexual battery under a bill of information involving his 13-year-old stepdaughter.
The case was removed from accelerated calendar; charge was a third-degree felony; Hurst was sentenced to three years and classified as a Tier III sex offender.
Hurst appealed, challenging ineffective assistance of trial counsel and prosecutorial misconduct during sentencing.
The trial court conducted Crim.R. 11 colloquy; Hurst acknowledged understanding of rights and entered a knowing, intelligent, voluntary plea.
Hurst waived the right to challenge ineffective assistance pre-plea by pleading guilty; he did not challenge the plea’s voluntariness.
Court upheld the conviction and sentence, disposing of both assignments of error in favor of the State.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance of counsel	Hurst claims trial counsel was ineffective.	Hurst contends counsel's performance prejudiced the outcome.	Waived by guilty plea; in any event no prejudice shown.
Prosecutorial misconduct at sentencing	State improperly used pictures to influence sentence.	Hurst argues misconduct deprived due process.	No misconduct; court may consider relevant factors including pictures.

Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes ineffective-assistance standard)
State v. Ullman, 2003-Ohio-4003 (12th Dist. Warren 2003) (defines prejudice under Strickland)
State v. Madrigal, 87 Ohio St.3d 378 (Ohio 2000) (precludes raising prior rights claims after guilty plea)
State v. Vunda, 2014-Ohio-3449 (12th Dist. Butler 2014) (prejudice and ineffective-assistance standards applied)
State v. Brill, 2013-Ohio-334 (12th Dist. Fayette 2013) (trial court can consider relevant factors in sentencing)
State v. Combs, 2005-Ohio-1923 (12th Dist. Butler 2005) (recognizes trial court's consideration of statements from victims)
State v. McMahon, 2010-Ohio-2055 (12th Dist. Fayette 2010) (waiver principles after guilty plea in ineffective-assistance context)