State v. Wheeler, 2011 Ohio 5565

In May 2009, Dayton police observed a Jeep Cherokee with odor of marijuana and approached Wheeler who was inside.
Wheeler exited the vehicle; he consented to a pat-down for weapons, though he later denied such consent.
During the pat-down, Wheeler again reached into his clothing; officers handcuffed him for safety and found crack cocaine.
A cobalt reagent test on the crack cocaine returned positive; officers also found $1,542 and later a small bag of marijuana during booking.
Wheeler was charged with Possession of Controlled Substances (felony) and moved to suppress; the trial court overruled the motion, he pled guilty, and a direct appeal followed.
Wheeler later filed a post-conviction relief petition alleging ineffective assistance of counsel related to the suppression motion; the court granted summary judgment against him without a hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance of counsel at suppression hearing	Wheeler argues counsel was unprepared and failed to explore police reports and witnesses.	Wheeler's counsel decisions were trial tactics; outcomes would not have changed.	Petition denied; no ineffective assistance

State v. Calhoun, 86 Ohio St.3d 279 (1999-Ohio-102) (post-conviction relief requires statutory basis)
Bradley, 42 Ohio St.3d 136 (1989) (ineffective assistance standard; substantial violation required)
Strickland v. Washington, 466 U.S. 668 (1984) (deficient performance with reasonable probability of different outcome)
State v. Carter, 72 Ohio St.3d 545 (1995) (strong presumption of reasonable trial strategy)
State v. Sallie, 81 Ohio St.3d 673 (1998) (trial decisions fall within wide range of professional performance)
State v. Williams, 99 Ohio St.3d 493 (2003) (trial strategy not ordinarily second-guessed)
State v. Cooperrider, 4 Ohio St.3d 226 (1983) (ineffective counsel typically petition for post-conviction relief)