2022 Ohio 712
Ohio Ct. App.2022Background
- In 2011 Steele was indicted for multiple sex offenses against his minor cousin; a jury convicted him of two counts of rape (first-degree), five counts of unlawful sexual conduct with a minor (third-degree), and one count of gross sexual imposition; aggregate prison term = 22 years.
- Steele’s direct appeal was affirmed by this court and the Ohio Supreme Court declined jurisdiction.
- Steele filed a Verified Motion to Correct Sentence in 2016 arguing his sentence was improperly mandatory/consecutive; the trial court denied it and this court affirmed in 2017.
- In October 2021 Steele again moved to correct sentence, claiming trial counsel coerced him to reject a two-year stipulated plea and that the rape sentences were not mandatory; the trial court denied the motion on res judicata and on the merits.
- Steele appealed, raising (1) due process/equal protection/sentence contrary to law and (2) ineffective assistance of counsel for advising rejection of the plea and for misrepresenting counsel’s experience.
- The Fifth District affirmed: res judicata barred the sentencing challenge; rape terms are mandatory under Ohio law; ineffective-assistance claims failed for lack of evidence and for not satisfying Strickland/Lafler elements (and some contentions were waived).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Steele’s sentence is contrary to law / violative of due process | Res judicata bars relitigation; sentence lawful and rape terms mandatory | Sentence should have been non-mandatory/concurrent; due process/equal protection violated | Overruled — res judicata; rape sentences mandatory under Ohio law |
| Whether Steele received ineffective assistance of counsel (plea advice, coercion, misrepresentation) | No deficient performance shown; no affidavits/evidence; claim barred by res judicata and waived in part; Strickland/Lafler elements unmet | Trial counsel coerced/advocated rejection of a 2-year plea; would have accepted plea; counsel exaggerated experience | Overruled — no supporting evidence, waived issues, and defendant did not establish Strickland/Lafler prejudice or deficient performance |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective-assistance claims)
- Lafler v. Cooper, 566 U.S. 156 (U.S. 2012) (prejudice framework when counsel’s advice leads to rejection of plea)
- State v. Perry, 10 Ohio St.2d 175 (Ohio 1967) (res judicata bars claims raised or that could have been raised on direct appeal)
- State v. Bradley, 42 Ohio St.3d 136 (Ohio 1989) (adopts Strickland two-prong test in Ohio)