State v. McClure
2015 Ohio 5203
Ohio Ct. App.2015Background
- State v. McClure, Ohio appellate case in Clermont County; defendant appeals sentence and waiver of conflict representing him.
- McClure previously convicted of aggravated robbery; during current offense he demanded cash with a knife and stole $600.
- Plea negotiations led to one-count guilty plea to aggravated robbery in exchange for dismissal of a repeat-offender specification.
- Counsel disclosed a potential conflict: another attorney in the same public defender’s office represented a potential witness against McClure.
- Trial court discussed the conflict, offered different counsel, and McClure waived the conflict and pled guilty; he was sentenced to ten years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court adequately inquire into the conflict? | McClure asserts trial court failed to inquire about the actual conflict. | McClure contends the court properly addressed the issue and accepted the waiver. | No reversible error; court properly inquired and accepted waiver. |
| Is the ten-year sentence within statutory bounds and not contrary to law? | State argues sentence complies with R.C. 2929.11–2929.12 and is within range. | McClure argues the sentence is unlawful or improperly considered. | Sentence not contrary to law; within permissible range and properly considered. |
Key Cases Cited
- State v. Gillard, 64 Ohio St.3d 304 (1992) (trial court must inquire into possible conflict of interest when aware)
- State v. Keenan, 81 Ohio St.3d 133 (1998) (substantial latitude in determining existence/waiver of conflicts)
- State v. Garcia, 6th Dist. Huron No. H-06-003, 2007-Ohio-1525 (2007) (ethics considerations in conflict waivers)
- State v. Crosky, 2007-Ohio-6533 (2007) (waiver obeys ethical constraints when conflict potential exists)
- Columbus Bar Assn. v. Ross, 107 Ohio St.3d 354 (2006) (attorney conflict waivers and ethics guidance)
- State v. Back, 2014-Ohio-1656 (2d Dist. 2014) (affirming sentence where statutory considerations were discussed in entry)
- State v. Lancaster, 2008-Ohio-1665 (12th Dist. 2008) (sentence affirmed when in judgment entry considerations cited)
- State v. Crawford, 2013-Ohio-3315 (12th Dist. 2013) (R.C. 2953.08(G)(2) appellate standards for felony sentences)