State v. Wesley
2017 Ohio 5706
| Ohio Ct. App. | 2017Background
- Defendant Jerek Wesley was convicted (no contest to one count; jury found guilty on three additional counts) of weapons-related and other offenses and received an aggregate 9.5-year consecutive sentence.
- Wesley filed an application to reopen his direct appeal under Ohio App. R. 26(B), claiming ineffective assistance of appellate counsel.
- App.R. 26(B) requires assignments of error not previously considered, a sworn statement explaining counsel's deficiency and prejudice, and submission of parts of the record relied upon.
- Wesley’s application did not provide portions of the record or specific citations to the record to support his claims.
- Wesley’s sworn statement merely asserted counsel “did not raise the issues that I was concerned about” and did not explain how counsel was deficient or how prejudice resulted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wesley satisfied App.R. 26(B) filing requirements (record, sworn statement, assignments) | State: Wesley failed to provide required parts of the record and a sufficient sworn statement | Wesley: Appellate counsel omitted issues; reopening warranted | Court: Denied — Wesley failed to provide record portions and his affidavit did not show specific deficiency or prejudice under App.R. 26(B) |
| Whether Wesley presented a colorable ineffective-assistance-of-appellate-counsel claim under Strickland | State: Even on the merits, Wesley did not raise a colorable claim to justify reopening | Wesley: Counsel’s omissions constituted ineffective assistance meriting reopening | Court: Denied — Wesley did not show deficient performance or resulting prejudice sufficient to create a genuine issue for reopening |
Key Cases Cited
- McNeill v. Ohio, 83 Ohio St.3d 457 (applicant must provide portions of the record for App.R. 26(B) reopening)
- Sanders v. Ohio, 75 Ohio St.3d 607 (reopening requires a colorable claim of ineffective assistance of counsel)
- Strickland v. Washington, 466 U.S. 668 (two-prong test for ineffective assistance: deficient performance and prejudice)