State v. Mathis
2018 Ohio 4090
Ohio Ct. App.2018Background
- Michael W. Mathis was indicted for felonious assault with a repeat violent-offender specification; a jury found him guilty.
- The trial court separately found the repeat violent-offender specification true.
- On January 17–18, 2018 the court sentenced Mathis to an aggregate 18-year prison term.
- The sentencing entry also assessed prosecution costs of $1,398 against Mathis.
- Mathis appealed, claiming his trial counsel was ineffective for failing to file a motion to waive court costs at sentencing.
- The Fifth District affirmed, relying on its recent precedent rejecting the same claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not moving to waive court costs | State: counsel's failure did not constitute ineffective assistance given existing precedent | Mathis: trial counsel was ineffective under the Sixth Amendment for failing to move to waive court costs at sentencing | Court: claim overruled; adhered to Fifth District precedent (Davis, Harris) and affirmed assessment of costs |
Key Cases Cited
- State v. Davis, 152 Ohio St. 3d 1441 (Ohio 2018) (Ohio Supreme Court noted certified conflict on the issue of trial counsel failing to seek waiver of court costs)