State v. May
2012 Ohio 5504
Ohio Ct. App.2012Background
- Dennis May sought to reopen this court’s judgment under App.R. 26(B) after a prior affirmance of five counts of sexual battery.
- May claimed appellate counsel was ineffective for six reasons, including indictment defects and plea issues.
- Court applied Strickland v. Washington standards for ineffective assistance, requiring deficient performance and prejudice.
- Court emphasized appellate strategy discretion, citing Jones v. Barnes and related Ohio cases, and held demeanor of strategy is presumptively reasonable.
- Court found May did not show a genuine issue of ineffective assistance and reviewed each asserted argument.
- Application to reopen was denied because arguments were either unfounded, waived, or inadequately supported by the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appellate counsel ineffective? | May argues counsel failed to raise strong grounds. | State contends arguments chosen were strategic and reasonable. | denied; no genuine issue of ineffective assistance |
| Indictment duplicitous; double jeopardy defense | Indictment lacked information per count. | Indictment/waived rights defenses not viable after plea. | ill-founded; not persuasive |
| Plea knowingly, intelligently, voluntarily made | May did not fully understand consequences. | Record shows Crim.R. 11 compliance and informed waiver. | record supports validity of the plea |
| Sentence contrary to law; disparity; trial counsel | Sentence allegedly improper and unequally treated. | No specific legal flaw; record within permissible range. | arguments insufficient; no reversal |
| Speedy trial rights | May asserts speedy trial violations. | Plea waiver effectively extinguishes speedy-trial challenges. | waived by guilty plea; no relief |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes deficient performance and prejudice standard)
- Jones v. Barnes, 463 U.S. 745 (U.S. 1983) (trial strategy limits; appellate counsel not required to raise every issue)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (limits on ineffective-assistance review in Ohio)
- State v. Reed, 1996-Ohio-21 (Ohio 1996) (Strickland framework applied in Ohio)
- State v. Allen, 77 Ohio St.3d 172 (Ohio 1996) (reaffirmed appellate-strategy principles)
- Montpelier v. Greeno, 25 Ohio St.3d 170 (Ohio 1986) (plea waivers affect indictment challenges)
- State v. Kelley, 57 Ohio St.3d 127 (Ohio 1991) (plea waivers and rights-relinquishment considerations)
- State v. Character, 2011-Ohio-4128 (Ohio 2011) (general limitations on ineffective-assistance arguments)