2020 Ohio 3107
Ohio Ct. App.2020Background
- Robert J. Ramsey was indicted on drug- and weapon-related charges; he pled guilty to two counts and was tried and convicted on the remaining counts.
- At sentencing the trial court imposed a mandatory $7,500 fine but suspended it due to Ramsey's indigence; the court assessed but did not waive court costs.
- Ramsey claimed his trial counsel was ineffective for failing to move at sentencing to waive court costs.
- This court initially rejected the ineffective-assistance claim; the Ohio Supreme Court remanded for reconsideration under its guidance in State v. Davis.
- On remand this court applied the Bradley/Strickland test and reviewed the record (including the court’s awareness of Ramsey’s indigency, appointment of counsel, transcripts paid at state expense, and presentence report indicating post-release earning capacity).
- The court held Ramsey failed to show the requisite prejudice—there was no reasonable probability a timely motion would have resulted in waiver of costs—and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not moving to waive court costs at sentencing | State: counsel's failure is judged under Bradley/Strickland; defendant must show prejudice | Ramsey: counsel's failure prejudiced him because the trial court had previously found him indigent and waived the fine, so it likely would have waived costs | Court: No ineffective assistance—Ramsey did not prove prejudice or reasonable probability the court would have waived costs |
| Whether a prior finding of indigency alone creates a reasonable probability of waiver | State: Bradley/Strickland requires case-specific prejudice inquiry; indigency alone is insufficient | Ramsey: prior indigency finding and waiver of fine make waiver of costs likely | Court: Prior indigency finding alone does not establish reasonable probability of waiver; additional facts needed to show prejudice |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes two-part ineffective-assistance test: performance and prejudice)
- State v. Bradley, 42 Ohio St.3d 136, 538 N.E.2d 373 (1989) (adopts Strickland standard for Ohio ineffective-assistance claims)
- State v. Lytle, 48 Ohio St.2d 391, 358 N.E.2d 623 (1976) (discusses standards for reviewing claims of ineffective assistance of counsel)