State v. Moore
2019 Ohio 4609
Ohio Ct. App.2019Background
- On Feb. 13, 2017 plainclothes officers approached Chad Moore and observed a plastic bag of suspected crack cocaine and a crack pipe in plain view in his car.
- Evidence was seized, tested, and Moore was indicted Oct. 12, 2017 for fifth-degree felony possession of cocaine; additional related indictments followed but were later dismissed under a plea agreement.
- Moore cycled between pro se status and appointed public defenders; a suppression hearing granted suppression of his statements but denied suppression of the seized evidence.
- On Feb. 5, 2019 Moore pleaded guilty to the single charge in exchange for dismissal of other counts and 377 days jail credit; the court sentenced him to 12 months (noted as time served) and imposed court costs.
- The trial court did not inquire into or impose discretionary costs (e.g., counsel or supervision costs) and did not address ability to pay; the clerk later issued an itemized bill for $788 which Moore did not pay.
- Moore appealed, arguing his appointed counsel was ineffective for failing to move at sentencing to waive court costs based on his indigency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not moving at sentencing to waive court costs | Moore: counsel ineffective because court recognized indigency but counsel failed to request waiver at sentencing | State: mandatory costs must be imposed; counsel's timing can be a trial strategy; R.C. 2947.23(C) lets the court waive costs post‑sentence, so no prejudice | Court affirmed: no ineffective assistance. Only mandatory prosecution costs were imposed, and trial court retains authority to waive costs after sentencing, so Moore suffered no prejudice |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑part ineffective assistance test: deficiency and prejudice)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (Ohio adopts Strickland standard and presumes reasonable professional judgment)
- State v. Threatt, 108 Ohio St.3d 277 (2006) (held defendant must request waiver of costs at sentencing; discussed here as superseded by statute and later Ohio authority)
- State v. Phillips, 74 Ohio St.3d 72 (1995) (debateable trial strategy does not constitute ineffective assistance)