2021 Ohio 1394
Ohio Ct. App.2021Background
- On March 5, 2019 Derek Lichtenwalter led a high‑speed chase, struck an OSHP cruiser, fled on foot, and was later charged with failure to comply, vehicular assault, and breaking and entering.
- He was bound over after a preliminary hearing, indicted by the Guernsey County grand jury, and pled guilty on December 3, 2019 to one count of failure to comply pursuant to a negotiated 30‑month sentence.
- After sentencing, Lichtenwalter (an HIV‑positive inmate) sought various post‑conviction remedies and emergency relief during the COVID‑19 pandemic, including a motion to withdraw his plea and multiple filings invoking coram nobis, Civ.R. 60(B), R.C. 2953.21, and a request for judicial release.
- The trial court denied his motion to withdraw his plea (April 21, 2020), denied his motion to dismiss for alleged speedy‑trial violations (June 17, 2019), and denied his post‑conviction/relief motions (November 23, 2020).
- Lichtenwalter appealed both the June 17, 2019 and November 23, 2020 entries; the Fifth District Court of Appeals affirmed both rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy trial (prelim & trial delays) | Any continuances were for good cause; indictment rendered any prelim defect moot; plea waived speedy‑trial claims | Prelim hearing and later delays violated statutory and constitutional speedy‑trial rights | Rejected. Indictment/motion cured any prelim defect; guilty plea waived speedy‑trial claims |
| Ineffective assistance of counsel (re: continuance/waiver) | Counsel was competent; no showing of prejudice | Counsel improperly consented to continuance and failed to protect speedy‑trial rights | Rejected. No showing counsel’s performance fell below objective standard or caused prejudice (Strickland standard) |
| Post‑conviction relief / evidentiary hearing | Petitioner failed to plead specific operative facts warranting a hearing; res judicata applied where appropriate | Petitioner alleged constitutional violations that, if true, required a hearing | Rejected. Trial court properly dismissed without a hearing under R.C. 2953.21 and relevant Ohio precedent |
| Judicial release / COVID‑19 temporary relief | Judicial release is statutorily constrained; habeas/mandamus not an appropriate route for temporary reprieve | Sought temporary release based on HIV status and COVID risk; relied on Lichtenwalter v. DeWine concurring guidance | Rejected on appeal. Denial of judicial release is not a final, appealable order; trial court and appellate court constrained by statute |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑part test for ineffective assistance of counsel)
- State v. Calhoun, 86 Ohio St.3d 279 (1999) (post‑conviction petition does not automatically entitle petitioner to evidentiary hearing)
- State v. Jackson, 64 Ohio St.2d 107 (1980) (petitioner must submit operative facts demonstrating lack of competent counsel and prejudice)
- State v. King, 70 Ohio St.3d 158 (1994) (Ohio speedy‑trial statutes are coextensive with constitutional speedy‑trial rights)
- State v. Gondor, 112 Ohio St.3d 377 (2006) (trial court gatekeeping role in post‑conviction proceedings)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (standard for abuse of discretion)
- State ex rel. Lichtenwalter v. DeWine, 158 Ohio St.3d 1476 (2020) (Ohio Supreme Court dismissed habeas/mandamus; concurring opinion urged trial courts to consider judicial release)