State v. Phillips
2017 Ohio 9063
| Ohio Ct. App. | 2017Background
- Terrance L. Phillips was convicted by a jury on March 24, 2016, in Wood County on multiple counts across two indictments (felonious assault, weapons offenses, trespass, breaking and entering).
- Phillips appealed; this court affirmed the convictions on direct appeal on August 4, 2017.
- Phillips filed a timely App.R. 26(B) application (Oct. 2, 2017) seeking reopening of the appeal based on ineffective assistance of appellate counsel for failing to raise a speedy-trial claim.
- The state did not file a response or objection to the App.R. 26(B) application.
- Record shows Phillips was arrested Aug. 25, 2015 (one case) and Sept. 18, 2015 (the other), and remained in jail without posting bond until trial began March 22, 2016, producing more than 90 days under the triple-count jail provision of R.C. 2945.71(E).
- The court found Phillips met a prima facie showing that the speedy-trial time elapsed, the state offered no rebuttal showing tolling under R.C. 2945.72, and therefore granted reopening limited to the speedy-trial issue, appointed appellate counsel, and allowed supplementation of the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate counsel was ineffective for failing to raise a Sixth Amendment/state speedy-trial claim on appeal | Phillips: appellate counsel was ineffective for not arguing his right to a speedy trial was violated | State: did not respond or rebut the prima facie showing in the application | Court: Granted App.R. 26(B) reopening on this colorable ineffective-assistance/speedy-trial issue and ordered further briefing and appointed counsel |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (established two-prong ineffective assistance standard)
- State v. Spivey, 84 Ohio St.3d 24 (Ohio standard for App.R. 26(B) reopening follows Strickland)
- State v. Reed, 74 Ohio St.3d 534 (applicant must show reasonable probability of success but-for counsel’s omission)
- State v. Ramey, 132 Ohio St.3d 309 (R.C. 2945.72 list of events tolling or extending speedy-trial time is exhaustive)
- State v. Singer, 50 Ohio St.2d 103 (speedy-trial provisions construed strictly against the state)