State v. Robinson, 2014 Ohio 3645

Defendant Travis Robinson was tried in Clark County Court of Common Pleas for one count of rape under R.C. 2907.02(A)(1)(c) after a video on his phone showed him inserting his penis into the unconscious victim’s mouth.
Victim A.P. and Robinson had a long-term intimate relationship with a history of frequent sex and recurring fights; A.P. was intoxicated and unconscious during the recorded act.
Robinson admitted making the 25–30 second recording and initially lied to police; he claimed A.P. had initiated sex and fell asleep during the act and that he recorded the event to prove it later.
The trial court (bench trial) found Robinson guilty of first-degree felony rape, sentenced him to five years’ imprisonment, imposed five years of postrelease control, and classified him as a Tier III sex offender.
On appeal Robinson raised (1) that the conviction was against the manifest weight of the evidence (arguing he reasonably believed A.P. consented) and (2) ineffective assistance of counsel because new counsel was appointed one business day before trial. The majority affirmed; one judge dissented on counsel timing grounds.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Manifest weight of the evidence (consent/incapacity)	State: Victim was unconscious and unable to consent; video and hospital/PD exam corroborate lack of consent.	Robinson: He reasonably believed A.P. consented; she had frequently had sex with him, initiated sex that night, and had previously fallen asleep during sex.	Affirmed: Factfinder reasonably credited victim; no manifest miscarriage of justice.
Ineffective assistance of counsel (appointment 1 business day before trial)	State: New counsel had prior involvement, met with prosecutor and defendant, and affirmatively said ready; no showing of deficient performance or prejudice.	Robinson: No attorney could prepare a felony rape defense in that brief time; prejudice should be presumed.	Affirmed: No Strickland showing; court did not abuse discretion proceeding to trial. Dissent would presume prejudice under Cronic.

Strickland v. Washington, 466 U.S. 668 (Ineffective assistance requires deficient performance and resulting prejudice)
Cronic v. U.S., 466 U.S. 648 (presumption of prejudice where counsel is absent or circumstances make effective assistance unlikely)
Powell v. Alabama, 287 U.S. 45 (right to counsel must be meaningful to avoid sham representation)
Avery v. Alabama, 308 U.S. 444 (denial of opportunity for counsel to prepare can render appointment a sham)
State v. Thompkins, 78 Ohio St.3d 380 (standard for manifest weight review)
State v. Bradley, 42 Ohio St.3d 136 (adopting Strickland framework in Ohio)
State v. Martin, 20 Ohio App.3d 172 (context for reversing on manifest weight grounds)