2021 Ohio 3651
Ohio Ct. App.2021Background
- Ronald G. Long was indicted in 2018 for rape of a child under 13 and three counts of gross sexual imposition based on allegations by his daughter A.H.; after a three-day jury trial Long was convicted of two counts of gross sexual imposition and acquitted on rape and one GSI count.
- The trial judge sentenced Long to consecutive three-year terms (aggregate six years). The Twelfth District affirmed the convictions and sentence on direct appeal; the Ohio Supreme Court declined jurisdiction.
- On August 12, 2020 Long filed a petition for postconviction relief (PCR) alleging ineffective assistance of trial counsel Lisa Wells for (a) failing to investigate witnesses/evidence, (b) not retaining a forensic/defense expert, and (c) impairment from substance abuse and failure to attend sentencing. He supported the petition with affidavits from his wife and mother and news articles and records concerning Wells’ drug convictions and supervision.
- The trial court dismissed the PCR without an evidentiary hearing as untimely (filed one day after the 365-day deadline), alternatively concluding claims were barred by res judicata and that the supporting affidavits were not credible or did not present sufficient operative facts.
- Long appealed; the Court of Appeals affirmed, holding the petition untimely and, on the merits, that Long failed to show deficient performance or prejudice and that the affidavits were properly discounted under Calhoun factors.
Issues
| Issue | Plaintiff's Argument (Long) | Defendant's Argument (State/Trial Ct.) | Held |
|---|---|---|---|
| Timeliness of PCR | PCR filed within one year of transcript; docket discrepancy meant timely filing | Transcript filed Aug 12, 2019; PCR filed Aug 12, 2020 (365 days rule) — untimely | PCR was untimely; trial court did not err (transcripts stamped Aug 12, 2019) |
| Credibility of supporting affidavits | Wife/mother affidavits describe counsel impairment, failure to investigate, and counsel jokes about drug use | Affidavits nearly identical, from interested relatives, partly conclusory, judge presided at trial — Calhoun factors allow discounting | Trial court properly discredited affidavits; no abuse of discretion |
| Failure to investigate witnesses/evidence and call lay evidence | Counsel ignored family-suggested witnesses and records (gym, boss, babysitter) that would impeach victim | Record shows counsel elicited babysitter and gym schedule evidence at trial; unproduced materials would be cumulative | No deficient performance; omission would be cumulative and not ineffective assistance |
| Failure to retain/examine experts & counsel impairment/absence | Counsel should have consulted a forensic psychology expert and was impaired by drug use; absence at sentencing prejudiced Long | No identified expert or affidavit showing what expert would say; counsel used CAC statements strategically; no evidence counsel was impaired at trial; co-counsel handled sentencing | No prejudice or deficient performance shown; strategy of cross-examination was reasonable; claims speculative and barred by res judicata as to sentencing absence |
Key Cases Cited
- State v. Calhoun, 86 Ohio St.3d 279 (Ohio 1999) (factors for assessing credibility of affidavits in PCR proceedings)
- State v. Xie, 62 Ohio St.3d 521 (Ohio 1992) (standards for evaluating ineffective assistance of counsel under Strickland)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance: performance and prejudice)
- State v. Hunter, 131 Ohio St.3d 67 (Ohio 2011) (requirement that PCR petitioner identify expert and expected testimony)
- State v. Clayton, 62 Ohio St.2d 45 (Ohio 1980) (debateable trial tactics do not constitute ineffective assistance)