State v. Olsen
2019 Ohio 568
Ohio Ct. App.2019Background
- On Oct. 14, 2017, Olsen rear-ended a motorcycle; passenger Alysha Lewis later died after being struck by a third vehicle; the motorcyclist survived with serious injuries.
- Officers arrived that night; Olsen admitted drinking, failed field sobriety tests, refused breath test; a warrant for a blood draw was obtained around 12:24 a.m.; blood-alcohol was 0.255.
- Grand jury indicted Olsen on multiple counts (two aggravated vehicular homicide counts, two aggravated vehicular assault counts, DUI counts, and three firearm-in-vehicle counts); Olsen pleaded guilty to aggravated vehicular homicide (Count 1), aggravated vehicular assault (Count 3), and improperly handling a firearm in a motor vehicle (Count 7); remaining counts nolle prossed.
- Trial court sentenced Olsen to 8 years (Count 1), 5 years (Count 3), and 18 months (Count 7), with Counts 1 and 3 consecutive and Count 7 concurrent, for an aggregate 13-year term; no plea/sentencing agreement on sentence.
- On appeal Olsen claimed ineffective assistance of counsel for failing to move to suppress blood-test results and for failing to file a sentencing memorandum/argue for minimum sentence; he also argued the court abused its discretion by imposing consecutive sentences.
- The Second District affirmed: counsel’s performance was within reasonable professional bounds; suppression was unlikely given timing and record; sentencing fell within statutory range and court considered required factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not moving to suppress blood-test results | State: record shows warrant obtained ~12:24 a.m.; blood draw likely within 3 hours; suppression unlikely | Olsen: blood draw may have been >3 hours and chain-of-custody/administrative noncompliance gave a meritorious suppression argument | Court: No prejudice shown; suppression unlikely on record; counsel not ineffective |
| Whether counsel was ineffective for not filing a sentencing memorandum / seeking minimum sentence | State: counsel advocated for leniency at sentencing; no duty to file memorandum; strategy falls within professional judgment | Olsen: failure to file memorandum and argue minimum sentence deprived him of effective representation | Court: Strong presumption of reasonable strategy; no ineffective assistance shown |
| Whether consecutive sentences were an abuse of discretion | State: sentences within statutory ranges; court stated it considered R.C. 2929.11/2929.12 and consecutive-sentence factors | Olsen: mitigating factors warranted concurrent or lesser aggregate sentence | Court: Sentences not contrary to law; appellant failed to show by clear and convincing evidence they were unsupported by the record |
| Whether plea was involuntary due to counsel’s alleged errors | State: guilty plea waives claims except those that show plea was not knowing/voluntary | Olsen: would have gone to trial if counsel had litigated suppression or fully advocated at sentencing | Court: Olsen failed to show reasonable probability he would have rejected plea; plea upheld |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance test)
- Tollett v. Henderson, 411 U.S. 258 (1973) (guilty plea waives antecedent non-jurisdictional claims except where plea was not knowing/voluntary)
- McMann v. Richardson, 397 U.S. 759 (1970) (standard for evaluating counsel's advice in plea context)
- State v. Marcum, 146 Ohio St.3d 516 (2016) (appellate review of felony sentences limited to clear-and-convincing-evidence standard)
- State v. Foster, 109 Ohio St.3d 1 (2006) (sentencing discretion and removal of mandatory judicial findings)