State v. Jackson
990 N.E.2d 184
Ohio Ct. App.2013Background
- Jackson was indicted for domestic violence, a felony, based on events in 2012 in Hancock County.
- He pled not guilty at arraignment, then pled guilty to the charged domestic violence count in June 2012.
- At a sentencing hearing in August 2012, the court sentenced Jackson to 30 months and ordered him to pay costs and fees under R.C. 2929.18(A)(4).
- Jackson timely appealed, challenging ineffective assistance of counsel and the inclusion of financial sanctions in the sentencing entry.
- The trial court’s PSI revealed extensive prior domestic violence and other criminal activity, influencing sentencing.
- The appellate court affirmed, concluding no ineffective assistance and that costs/fees were permissible in light of applicable statutes and case law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel at sentencing | Jackson argues counsel's admission of likely prison term tainted the process. | Jackson contends counsel failed to advocate for community control. | Assignment I overruled |
| Imposition of financial sanctions in sentencing entry | Jackson claims fees under R.C. 2929.18(A)(4) were not properly imposed during sentencing. | Jackson contends those fees were unlawfully included in the entry without a proper hearing-based imposition. | Assignment II overruled |
Key Cases Cited
- State v. Kole, 92 Ohio St.3d 303 (2001) (ineffective assistance requires deficient performance and prejudice)
- Strickland v. Washington, 466 U.S. 668 (1984) (standard for ineffective assistance)
- State v. Sallie, 81 Ohio St.3d 673 (1998) (strong presumption of competent representation; focus on reasonable professional assistance)
- State v. Frazier, 61 Ohio St.3d 247 (1991) (tactical decisions welcomed; not all errors equal deficient performance)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (prejudice requires probability of different outcome)
- State v. Lytle, 48 Ohio St.2d 391 (1976) (essential duties of counsel; standard for ineffective assistance)
- State v. Clark, 11th Dist. No. 2006-A-0004, 2007-Ohio-1780 (2007) (fees as part of cost of prosecution; timing of imposition in sentencing hearing)
- State v. Hall, 2011-Ohio-5748 (2011) (costs and fees under R.C. 2929.18(A)(4) included as cost of prosecution)
- State v. Ricketts, 2008-Ohio-1637 (2008) (costs and statutory fees; meaning of cost of prosecution)