State v. King
2014 Ohio 5393
Ohio Ct. App.2014Background
- King was indicted in Butler C.P. for possession of >40,000 grams of marijuana after a DEA-controlled delivery; he was observed helping unload duffel bags and was arrested during the delivery.
- During a recorded post-arrest interrogation King admitted helping unload marijuana, said he was "small time," and at one point stated, "I just need to talk to my lawyer," then later continued to make incriminating statements.
- King pleaded guilty to an amended charge (possession >20,000 g but <40,000 g), received the mandatory five-year sentence plus fines, and did not file a direct appeal.
- About seven months after sentencing King filed a petition for postconviction relief asserting ineffective assistance of counsel (failure to investigate, to advise re: strength of the case/Gamble’s testimony, pressure to plead, and failure to pursue a suppression motion). He submitted affidavits (his and his wife’s), the interview recording, and other documents.
- The trial court denied the petition without an evidentiary hearing; the court of appeals affirmed, finding many claims barred by res judicata and the remainder unsupported by the record or insufficient to show prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Counsel failed to prepare/investigate | King: counsel did not investigate or interview witnesses, leaving him unable to make an informed plea | State: trial counsel filed discovery requests, bill of particulars, and sought leave to file suppression; King accepted counsel at plea | Barred by res judicata; record shows counsel took investigative steps, so no hearing required |
| Counsel failed to advise re: Gamble’s cooperation/testimony | King: counsel knew or should have known Gamble would refuse to testify, which would weaken the case and affect plea decision | State: Gamble’s cooperation status was known/knowable pre-plea; affidavits are self-serving and speculative; other witnesses existed | Barred by res judicata; affidavits insufficient and speculation that Gamble would refuse to testify does not justify a hearing |
| Counsel pressured King to plead guilty | King: counsel "scared and pressured" him into pleading by overstating evidence against him | State: during plea hearing King stated plea was voluntary and not coerced; affidavit is self-serving | Court relied on plea hearing record; denied hearing — no showing of coercion |
| Counsel failed to pursue suppression after invocation of counsel | King: he said he needed a lawyer during interrogation and later statements should have been suppressed | State: earlier incriminating statements were made before the request and corroborated other evidence; suppression failure must show prejudice | Claim barred by res judicata; even assuming invocation, post-request statements were cumulative to earlier admissible admissions, so no prejudice shown |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard: deficient performance + prejudice)
- Hill v. Lockhart, 474 U.S. 52 (prejudice standard for plea-stage ineffective-assistance claims)
- Edwards v. Arizona, 451 U.S. 477 (request for counsel ends custodial interrogation)
- Davis v. United States, 512 U.S. 452 (invocation of counsel must be unambiguous)
- Kapper v. Norfolk & Western Ry. Co., 5 Ohio St.3d 36 (self-serving affidavits insufficient to warrant relief)
- State v. Madrigal, 87 Ohio St.3d 378 (failure to file suppression motion not per se ineffective assistance)
- State v. Calhoun, 86 Ohio St.3d 279 (postconviction-relief framework; res judicata considerations)