2014 Ohio 199
Ohio Ct. App.2014Background
- Williams was convicted of two counts of aggravated murder, kidnapping, discharging a firearm near a prohibited premises, carrying a concealed weapon, and weapons under a disability.
- This court affirmed in part, reversed in part, and remanded for limited resentencing to merge allied aggravated murder convictions.
- Williams, proceeding pro se, sought an application for reopening under App.R. 26(B)(5) asserting ineffective assistance of appellate counsel.
- Claims included failure to argue trial counsel’s ineffectiveness for not requesting involuntary manslaughter instructions and failure to retain independent experts.
- The court held an evidentiary standard requires showing deficient appellate counsel and a reasonable probability of success on appeal; Williams failed to meet this standard.
- The court denied the application for reopening.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate counsel was ineffective for not raising involuntary manslaughter on appeal. | Williams | Williams | Denied; no genuine issue of ineffective assistance. |
| Whether appellate counsel was ineffective for not challenging trial counsel’s failure to request involuntary manslaughter. | Williams | Williams | Denied; trial strategy supported not requesting lesser offense. |
| Whether appellate counsel was unreasonable for not hiring independent trace/DNA experts. | Williams | Williams | Denied; strategic decision; no showing expert testimony would have changed outcome. |
| Whether appellate counsel was ineffective for not raising prosecutorial misconduct about Dalton. | Williams | Williams | Denied; challenges to Dalton credibility properly addressed as sufficiency/weight claims. |
Key Cases Cited
- State v. Spivey, 84 Ohio St.3d 24 (1998-Ohio-704) (two-prong Strickland standard for reopening under App.R. 26(B)(5))
- Strickland v. Washington, 466 U.S. 668 (1984) (deficient performance and prejudice required for ineffective assistance)
- State v. Griffie, 74 Ohio St.3d 332 (1996) (trial strategy defeats ineffective assistance claim for not requesting lesser offenses)
- State v. Thomas, 40 Ohio St.3d 213 (1988) (lesser-included offense instruction proper only if evidence supports it)
- State v. Clayton, 62 Ohio St.2d 45 (1980) (trial strategy may justify foregoing lesser-included offense instructions)
- State v. Jones, 8th Dist. Cuyahoga No. 80737 (2003-Ohio-4397) (appellate counsel not ineffective for not asserting ineffective assistance of trial counsel)
- State v. Nicholas, 66 Ohio St.3d 431 (1993) (failure to hire experts generally not ineffective assistance)