State v. Marsh
2013 Ohio 757
Ohio Ct. App.2013Background
- Marsh was charged with robbery after an incident at Walmart in Austintown on Dec. 3, 2011.
- The state repeatedly offered Marsh a plea to plead guilty with a two-year minimum; Marsh rejected.
- Marsh was tried by jury and convicted of second-degree robbery; he was sentenced to six years.
- Defense counsel moved to exclude Marsh’s prior convictions if he testified; the court allowed questioning if he testified.
- The defense introduced surveillance video; Marsh testified to his version of events and acknowledged prior felonies and drug problems.
- The trial court informed Marsh that the plea offer remained available and Marsh still rejected it; Marsh appealed challenging counsel’s effectiveness at the plea stage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did counsel’s allegedly deficient plea-advising prejudice Marsh? | Marsh | Marsh | No reversible error; Lafler not dispositive; claim rejected. |
Key Cases Cited
- Lafler v. Cooper, 132 S. Ct. 1376 (Sup. Ct. 2012) (plea bargaining right; ineffective assistance standard applied)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1985) (deficient performance and prejudice test for ineffective assistance)