State v. Jabbaar, 2013 Ohio 2897

Jabbaar, indicted in June 2011 on kidnapping with sexual motivation spec and three counts of rape with SVP specs, plus firearm specs.
In January 2012 Jabbaar moved to dismiss on speedy-trial grounds; in February 2012 he accepted a plea to kidnapping with a 3-year firearm spec and sexual motivation spec and one count of rape; other counts were nolled.
Jabbaar was sentenced to 13 years in prison.
On direct appeal, counsel argued the plea was not knowingly entered due to coercive plea bargaining; the court rejected this and affirmed.
In June 2013 Jabbaar sought to reopen under App.R. 26(B) and Murnahan, alleging appellate counsel should have raised the speedy-trial issue; the appellate court denied reopening.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the IPA supports reopening based on ineffective appellate counsel.	Jabbaar claims counsel should have raised speedy-trial issues.	State argues plea waiver forecloses such appellate claims.	Denied; no genuine issue shown.

State v. Murnahan, 63 Ohio St.3d 60 (1992) (standards for reopening under App.R. 26(B))
State v. Kelly, 57 Ohio St.3d 127 (1991) (guilty plea waives most appealable errors absent preclusion of voluntary plea)
Montpelier v. Greeno, 25 Ohio St.3d 170 (1986) (plea waivers apply to speedy-trial issues unless precluded)
Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard (deficient performance and prejudice))
State v. Bradley, 42 Ohio St.3d 136 (1989) (establishes Strickland framework in Ohio)
State v. Reed, 74 Ohio St.3d 534 (1996) (additional Strickland guidance in Ohio)