2011 Ohio 1204
Ohio Ct. App.2011Background
- Appellant Thomas Lampley was convicted of murder with a gun specification, having a weapon under disability, and tampering with evidence; sentenced to 15 years to life plus three years for the gun specification, three years for weapon under disability, and two years for tampering, all consecutive.
- On March 10, 2010, Appellant filed a notice of appeal; on April 26, 2010, he filed in the trial court a petition to vacate or set aside his sentence with motions for counsel and expert witnesses.
- The trial court August 10, 2010, denied the post-conviction relief petition; on October 29, 2010, this Court dismissed the direct appeal for failure to prosecute.
- Appellant contends post-conviction relief was warranted due to ineffective assistance of trial counsel.
- The appellate court applies res judicata, holding that issues could have been raised on direct appeal or at trial and that post-conviction relief is a collateral attack, thus forfeiting the petition absent substantial new evidence.
- The court ultimately overrules the post-conviction claims, finding no support for ineffectiveness or prejudice under Strickland, and affirms the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether post-conviction relief based on ineffective assistance is barred by res judicata. | Lampley argues trial counsel was ineffective and merits relief. | Res judicata bars new ineffective-assistance claims not raised previously. | Yes, res judicata bars the claims; petition denied. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (Supreme Court, 1984) (establishes two-prong test for ineffective assistance: deficient performance and prejudice)
- State v. Calhoun, 86 Ohio.St.3d 279 (Ohio 1999) (post-conviction relief requires substantial grounds; hearing not required if no facts showing relief)
- State v. Wilcox, 1984 Ohio App.3d 273 (Ohio App. 1984) (constitutional issues not cognizable in post-conviction when litigable earlier)
- State v. Barfield, 2007-Ohio-1037 (6th Dist. 2007) (res judicata applies even if no direct appeal)
- State v. Perry, 10 Ohio St.2d 175 (1967) (establishes res judicata principle for claims raised or could have been raised)