State v. Nero, 2012 Ohio 4810

Appellant Nero was convicted in Stark County to having a weapon under disability and illegal possession of a firearm in a liquor permit premises, receiving a three-year aggregate sentence.
The shooting occurred in the Mirage Bar in Canton in the early morning hours of April 17, 2011; a gun was seen in Nero’s hand near bullet holes and shell casings were found nearby.
Badge-running officers responded; Nero dropped the gun after commands, but he initially ignored orders and made defiant statements.
Officer Ranalli and Officer Nixon both testified to Nero’s gun being cocked and capable of firing; the gun was secured and the hammer cocked.
A jury trial followed the admission of Nero’s prior felony convictions; the State presented a stipulation detailing multiple prior convictions.
Nero assigns two errors: admissibility of prior convictions to prove disability and ineffective assistance of counsel; the trial court’s judgment was affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admission of multiple prior felonies to prove disability	Nero argues admission of all convictions denied fairness	State contends each conviction aided disability proof	Plain error not shown; admission did not affect outcome; assignment overruled
Ineffective assistance of counsel for stipulations and trial handling	Counsel ineffective for stipulating; failed to probe juror; failed to object to opening	Counsel acted within reasonable judgment; no prejudice shown	Counsel’s performance not deficient; verdict affirmed

State v. Long, 53 Ohio St.2d 91 (Ohio 1978) (plain-error review; exceptional circumstances required to reverse)
State v. Hamblin, 37 Ohio St.3d 153 (Ohio 1988) (presumed competent counsel; Strickland standard)
State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (ineffective-assistance framework (Strickland))
Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (establishes efficacy standard for ineffective assistance)