State v. Sims, 2021 Ohio 4009

Victim Jamarr Forkland found dead inside a burning van in October 2017; Jerry Sims, Jr. was charged with multiple offenses including aggravated murder and convicted after jury trial.
Sims received an aggregate life sentence with parole eligibility after 40.5 years.
On direct appeal, counsel raised seven assignments of error; this court affirmed convictions and sentences.
Sims filed an App.R. 26(B) application to reopen his appeal, alleging appellate counsel was ineffective for not (1) challenging the admission of other-acts evidence under Evid.R. 404(B), (2) arguing trial counsel’s failure to proffer a cell‑phone-location expert, and (3) further pursuing a manifest-weight claim based on witness Erica Campbell’s credibility.
The court applied the Strickland/Reed ineffective‑assistance standard for reopening and denied the application, concluding the manifest‑weight claim was previously adjudicated (res judicata), other‑acts arguments had been raised or were harmless, and the failure to call a defense cell‑phone expert reflected a reasonable tactical choice and was speculative.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Sims’s manifest‑weight claim supports reopening	Campbell’s testimony was unreliable and inconsistent; alternative confessor (Roberson) undermines verdict	Manifest‑weight claim was raised and decided on direct appeal; no incomplete record showing appellate deficiency	Denied — claim barred by res judicata and direct‑appeal review found evidence supported verdict
Whether appellate counsel was ineffective for not challenging admission of other‑acts evidence under Evid.R. 404(B)	Ballistic comparisons, other firearms evidence, and references to another shooting were improper other‑acts evidence and prejudicial	Those issues were raised on direct appeal (framed as prosecutorial misconduct/ineffective trial counsel) and, if error, were harmless given overwhelming corroborating evidence	Denied — issues were considered on direct appeal or were harmless; no colorable ineffective‑assistance claim
Whether appellate counsel was ineffective for failing to argue trial counsel’s failure to present a cell‑phone‑location expert	Defense needed an expert to rebut state’s cell‑site analysis; failure prejudiced Sims	Trial counsel used cross‑examination as a tactical choice; absence of a defense expert and report makes any claim speculative	Denied — tactical decision reasonable; speculation about what an expert would say insufficient to show prejudice

Strickland v. Washington, 466 U.S. 668 (ineffective‑assistance standard requiring deficient performance and prejudice)
State v. Reed, 74 Ohio St.3d 534 (Ohio adoption/interpretation of Strickland for appellate counsel claims)
State v. Thompkins, 78 Ohio St.3d 380 (manifest‑weight review standard)
State v. Trimble, 122 Ohio St.3d 297 (plain‑error review applicable where no contemporaneous objection to Evid.R. 404(B) evidence)
State v. Nicholas, 66 Ohio St.3d 431 (failure to call an expert or rely on cross‑examination is often a legitimate tactical choice)
State v. Bradley, 42 Ohio St.3d 136 (Ohio reiteration of Strickland two‑part test)
State v. Foust, 105 Ohio St.3d 137 (declining ineffective‑assistance claim where need for defense experts was speculative)