State v. Roberts, 2020 Ohio 4188

Donna Roberts was convicted (aider-and-abettor) of aggravated murder, aggravated burglary, and aggravated robbery; she received a death sentence.
Roberts filed a postconviction petition under R.C. 2953.21, later amended; the State moved for summary judgment and the trial court dismissed the amended petition without an evidentiary hearing.
Roberts claimed ineffective assistance of trial counsel in the guilt/culpability stage: counsel allegedly failed to give opening/closing statements, failed to introduce a videotaped statement of co-defendant Nathaniel Jackson (purportedly showing Jackson’s self-defense claim and exculpating Roberts), and prevented Roberts from testifying.
The trial record showed Roberts personally gave an opening statement; counsel waived closing; Roberts also made an unsworn penalty-phase statement forbidding mitigation evidence and praising counsel.
The trial court found (and this court agreed) that Roberts’ affidavit and the Jackson video did not create a genuine issue of material fact: counsel’s choices were tactical, Jackson’s videotape lacked corroboration under Evid.R. 804(B)(3), res judicata barred issues that could have been raised on direct appeal, and no prejudice was shown.
The Eleventh District affirmed dismissal on summary judgment and held the trial court did not abuse its discretion in denying an evidentiary hearing.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Roberts)	Held
Whether trial counsel rendered ineffective assistance during the culpability stage	Counsel’s decisions (waiving openings/closings, not introducing Jackson tape, advising against testimony) were tactical and presumptively reasonable; no prejudice shown	Counsel failed to present an articulated defense: no opening/closing by counsel, failed to introduce Jackson’s tape/self-defense theory, blocked Roberts from testifying — produced prejudice	Denied. Counsel’s choices were tactical or barred by law; affidavit insufficient to show deficient performance or prejudice; Jackson tape lacked requisite corroboration; some claims precluded by res judicata
Whether dismissal without an evidentiary hearing was erroneous	Dismissal proper: petitioner failed to proffer outside-the-record evidence that, if believed, would establish both deficient performance and prejudice	Roberts proffered affidavit and referenced Jackson videotape; these required an evidentiary hearing	Denied. The proffered materials did not create a genuine issue of material fact; trial court’s decision to deny a hearing was not an abuse of discretion

State v. Calhoun, 86 Ohio St.3d 279 (Ohio 1999) (postconviction petition standard and right to relief)
State v. Broom, 146 Ohio St.3d 60 (Ohio 2016) (trial court may deny postconviction hearing if record and affidavits show no substantive grounds)
State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (ineffective assistance standard and tactical decisions are presumed reasonable)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-part ineffective assistance test: performance and prejudice)
Crane v. Kentucky, 476 U.S. 683 (U.S. 1986) (right to present a defense)
Holmes v. South Carolina, 547 U.S. 319 (U.S. 2006) (limits on excluding defense evidence implicating due process)
State v. Swann, 119 Ohio St.3d 552 (Ohio 2008) (Evid.R. 804(B)(3) corroboration requirement does not violate right to present a defense)
State v. Jackson, 141 Ohio St.3d 171 (Ohio 2014) (res judicata in postconviction context)
State v. Cole, 2 Ohio St.3d 112 (Ohio 1982) (postconviction relief requires evidence dehors the record for claims not raised on direct appeal)
State v. Sanders, 92 Ohio St.3d 245 (Ohio 2001) (affidavits must show specific errors undermining verdict confidence)
State v. Belton, 149 Ohio St.3d 165 (Ohio 2016) (waiver of opening/closing generally tactical)