State v. Khaliq, 2017 Ohio 7136

Appellant Omran Khaliq was investigated after a private investigator reported alleged trademark counterfeiting; a search warrant at his home yielded suspected counterfeit items and a small bag later tested as cocaine.
Khaliq left a voicemail for a sheriff's captain containing angry, figurative language about taking matters into his own hands; he later called the city law director's office and impersonated a sergeant during a call.
Indicted for cocaine possession (felony 4), trademark counterfeiting (misdemeanor 1), attempting to influence/intimidate/hinder a public servant (felony 3), and impersonating a peace officer (misdemeanor 4).
Jury acquitted Khaliq of cocaine possession but convicted him on the remaining counts; trial court sentenced him to 18 months' imprisonment.
On direct appeal this court affirmed several issues and, after granting a motion to reopen, addressed additional assignments of error challenging sentence reasonableness, denial of a Franks hearing on a motion to suppress, ineffective assistance for failing to attach supporting affidavits to the suppression motion, and denial of leave to file a late third suppression motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sentence (18 months)	State: sentence within statutory range; court considered required sentencing principles and factors	Khaliq: trial court abused discretion in imposing 18 months	Affirmed — sentence within statutory range; court considered R.C. 2929.11/2929.12 factors; not clearly/convincingly contrary to law
Denial of oral Franks hearing on first motion to suppress	State: motion lacked the requisite non-conclusory allegations, affidavits, or offer of proof to trigger Franks hearing	Khaliq: affidavit contained false or limited statements requiring an evidentiary hearing	Affirmed — defendant failed to allege deliberate falsehood or reckless disregard or provide affidavits/offer of proof; no Franks hearing required
Ineffective assistance for failing to attach supporting affidavits to motion to suppress	State: counsel’s omission did not prejudice outcome; motion lacked necessary factual support	Khaliq: counsel was unreasonable and prejudiced his suppression claim	Affirmed — Strickland not met; no reasonable probability result would differ; claim relies on out-of-record materials
Denial of leave to file third, untimely motion to suppress	State: motion untimely under Crim.R. 12(E) and lacked supporting affidavits; trial court properly exercised discretion	Khaliq: leave should have been granted because of counsel changes/continuances	Affirmed — trial court did not abuse discretion in denying untimely, unsupported motion

Franks v. Delaware, 438 U.S. 154 (warrant-affidavit veracity hearing standards)
Strickland v. Washington, 466 U.S. 668 (ineffective-assistance two-prong test)
State v. Bonnell, 140 Ohio St.3d 209 (Ohio standard for appellate review of felony sentences)
State v. Roberts, 62 Ohio St.2d 170 (Franks standard as adopted in Ohio)
State v. Mathis, 109 Ohio St.3d 54 (sentencing purposes and statutory factors)