State v. Lampley
2012 Ohio 4071
Ohio Ct. App.2012Background
- Appellant Thomas Lampley was convicted by a Richland County jury of murder with a firearm specification, having a weapon under disability, and tampering with evidence, related to a 2009 parking-lot shooting at MBCC.
- The incident began with an argument after a near-collision in MBCC’s parking lot and escalated when Lampley fatally shot JB during a confrontation outside the vehicle.
- Lampley was sentenced to twenty-five years to life, including firearm-specifications enhancements, with counts 1 and 2 merged.
- Appellant pursued direct appeal and post-conviction relief; the trial court denied post-conviction relief, and this Court previously dismissed his direct appeal for failure to prosecute.
- The court reopened the direct appeal to consider whether trial counsel was ineffective for not requesting a Castle Doctrine jury instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failing to request Castle Doctrine instruction | Lampley: counsel failed to request Castle Doctrine instructions, shifting burden to him. | Lampley: trial counsel was ineffective for not requesting statutory self-defense instructions. | No; instruction not warranted by evidence; no prejudice shown. |
| Appellate counsel ineffective for not raising meritorious claim on direct appeal | Lampley: appellate counsel failed to raise a potentially meritorious issue on direct appeal. | Lampley: ineffective assistance on appeal for not raising Castle Doctrine issue. | Overruled; direct appeal properly addressed. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (two-prong test for ineffective assistance)
- Bradley, 42 Ohio St.3d 136 (1989) (Ohio standard for ineffective assistance)
- State v. Sallie, 81 Ohio St.3d 673 (1998) (presumption of reasonable professional conduct)
- Evitts v. Lucey, 469 U.S. 387 (U.S. Supreme Court 1985) (ineffective assistance on appeal)