State v. Pluhar
2016 Ohio 1465
Ohio Ct. App.2016Background
- Timothy Pluhar filed an App.R. 26(B) application seeking to reopen his direct appeal (affirming guilty pleas to rape, tampering with evidence, and sexual battery and his sentence).
- He alleged appellate counsel was ineffective for failing to raise statute-of-limitations defenses on appeal.
- The alleged offenses (rape and sexual battery) occurred between June 20, 1998 and August 4, 1999.
- In 1999 the Ohio Legislature amended R.C. 2901.13 to extend the limitations period for certain sexual felonies (including rape and sexual battery) to 20 years and provided that the amendment applied to offenses committed before the effective date if prosecution was not already time-barred.
- The trial court accepted Pluhar’s guilty pleas; the plea to tampering with evidence foreclosed certain statute-of-limitations challenges to that count.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate counsel was ineffective for not arguing convictions were time‑barred under a 6‑year statute | Pluhar: the offenses were time‑barred because a six‑year limitations period applied | State: 1999 amendment extended limitations for rape/sexual battery to 20 years when prosecution was not already barred; plea waived timeliness challenge to tampering count | Denied — appellate counsel not ineffective; time‑bar extended to 20 years for rape/sexual battery, and plea waived tampering challenge |
| Whether retroactive application of the 1999 amendment was invalid | Pluhar: (implicit) extension should not apply retroactively to bar prosecution | State: legislative language and precedent permit retroactive application where prosecution was not already barred | Denied — courts have upheld the retroactive extension; here the limitations period had not expired by March 8, 1999 |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (governing ineffective-assistance-of-counsel standard)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (Ohio application of Strickland)
- State v. Steele, 155 Ohio App.3d 659 (2003) (upholding constitutionality of retroactive extension of sexual‑offense limitations)
- State v. Brown, 43 Ohio App.3d 39 (1988) (guilty plea waives certain statute‑of‑limitations defenses)