2012 Ohio 2924
Ohio Ct. App.2012Background
- Murphy, a juvenile, was binded over to adult court on a mandatory basis for a firearms-enabled category two offense (aggravated robbery) and related counts.
- After transfer to adult court, Murphy faced kidnapping, aggravated robbery, theft of a motor vehicle, and having weapons while under disability; charges included one- and three-year firearm specifications.
- Trial proceeded with a jury on all charges except the weapons-under-disability count, which was tried to the court.
- The trial ended with a conviction for theft of a motor vehicle, guilty on none of the firearm specifications, not guilty of aggravated robbery, and dismissal of kidnapping; Murphy was sentenced on September 30, 2011 to one year of community control sanctions.
- HB 86, including R.C. 2152.121, took effect on September 30, 2011; Murphy argued the statute should govern sentencing, while the State argued it did not, prompting appellate review and remand for appropriate juvenile disposition procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 2152.121 applies to Murphy’s sentencing. | Murphy contends HB 86 applies to his sentencing. | State contends 2152.121 does not apply to this case. | Murphy applies; statute applies and remand is required. |
| Whether counsel was ineffective for failing to raise 2152.121 at sentencing. | Murphy asserts ineffective assistance for not raising the new statute. | State contends no ineffective assistance given the novelty and timing. | Second assignment overruled; no Strickland error shown. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)
- State v. Gates, 8th Dist. No. 78120 (2002-Ohio-4018) (developing area of law; not per se ineffective to fail to raise)
- Vaughn v. Maxwell, 2 Ohio St.2d 299 (1965) (establishes standard for evaluating counsel performance)