State v. Jones, 2011 Ohio 6063

Phillip Jones was sentenced to death for raping and strangling Susan Yates; he admitted killing her but claimed it occurred during consensual sex as an accident.
Jones filed a post-conviction relief petition alleging (i) improper admission of other acts evidence, (ii) juror misconduct, and (iii) ineffective assistance of counsel at guilt and penalty phases; he also sought discovery and funds for neurological testing.
The trial court denied the petition, holding certain claims barred by res judicata and lack of substantiated prejudice, and denying discovery and testing funds.
On appeal, the Ninth District affirmed the guilt-phase issues and other acts/juror claims but sustained a remand for an evidentiary hearing on penalty-phase ineffective assistance claims.
The court criticized the mitigation investigation as inadequate, noting late appointment of Hrdy and Siddall and insufficient time for a thorough investigation prior to sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Penalty-phase IAC require hearing?	Jones alleges inadequate mitigation investigation; seeks a hearing.	Court should apply Strickland; mitigation was reasonable.	Penalty-phase IAC claims sustained; remanded for an evidentiary hearing.
Guilt-phase IAC—adequacy of evidence?	Failure to hire a sex-consent/erotic-asphyxiation expert prejudiced trial.	Strategic choice not to hire experts was reasonable.	Guilt-phase IAC claims denied.
Juror misconduct/aliunde evidence	Juror affidavits show misdirection about aggravators.	Rule 606(B) bars juror testimony; aliunde evidence not admissible.	Claims barred by Rule 606(B) and res judicata.
Other acts evidence admissibility	Friends/relatives testimony improper priors influenced verdict.	Evidence properly excluded or within trial strategy.	Rejected as barred by res judicata and evidentiary rules.
Neurological testing funding	Testing needed for post-conviction support.	No constitutional right to funding; not required by statute.	Denied.

State v. Calhoun, 86 Ohio St.3d 279 (1999) (gatekeeping for postconviction relief; substantiation needed for hearing)
State v. Gondor, 112 Ohio St.3d 377 (2006) (trial court deference; abuse of discretion standard)
Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard; prejudice and deficient performance)
Wiggins v. Smith, 539 U.S. 510 (2003) (mitigation investigation standard; ABA guidelines as guides)
Bobby v. Van Hook, 130 S. Ct. 13 (2009) (ABA guidelines are guides, not fixed definitions of reasonableness)