2021 Ohio 480
Ohio Ct. App.2021Background
- Timothy McElfresh was indicted for third-degree felony possession; he pled guilty and was sentenced April 7, 2020.
- At his November 27, 2019 initial appearance the trial court appointed counsel after McElfresh disclosed limited cash, self-employment income of $1,200–$1,400/month, residence with his mother, and Medicaid coverage.
- McElfresh filed a financial disclosure on December 2, 2019 showing limited income and Medicaid receipt, but counsel did not file an affidavit of indigency to seek waiver of a mandatory fine.
- At sentencing the court imposed incarceration, community control, and a $5,000 mandatory fine, noting no affidavit of indigency had been filed.
- McElfresh appealed, arguing counsel was ineffective for failing to file an affidavit of indigency or move to waive the mandatory fine.
- The Fifth District found counsel’s omission prejudicial (reasonable probability the court would have waived the fine if an affidavit had been filed), reversed, and remanded for a determination of indigency as to the fine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel's failure to file an affidavit of indigency and to move to waive a mandatory fine amounted to ineffective assistance, requiring reversal/remand to determine indigency for the $5,000 mandatory fine | The State: no adequate record that waiver would have been granted; no affidavit was filed so mandatory fine required; financial-disclosure form alone is insufficient to waive fine | McElfresh: counsel was ineffective for failing to file an affidavit or request waiver given his demonstrated indigency (appointed counsel, Medicaid, low income) | Court: counsel’s failure was prejudicial; reasonable probability court would have waived fine if affidavit filed; judgment reversed and remanded to determine indigency for purposes of avoiding the $5,000 mandatory fine |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (established the two‑prong test for ineffective assistance of counsel)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio adoption of Strickland standard)
- State v. Davis, 159 Ohio St.3d 31 (holding prejudice depends on reasonable probability the court would have granted a request to waive costs when counsel failed to request waiver for a previously indigent defendant)
- Powell v. People of Ohio, 78 Ohio App.3d 789 (distinguishes indigency for appointed counsel from inability to pay mandatory fines)