State v. Young, 2018 Ohio 2797

Background

Roy R. Young, Jr. was indicted on nine counts (rape, sexual battery, gross sexual imposition) based on allegations that he sexually abused his then‑15-year-old stepdaughter from age 5; a jury convicted him on all counts and he was sentenced to life with parole possible after 13 years.
While his direct appeal was pending, Young filed a petition for post‑conviction relief asserting trial counsel was ineffective for failing to investigate and hire experts to rebut DNA evidence (condoms from the septic tank; a condom wrapper found under the victim’s bed) and for failing to investigate the State’s rebuttal witness for pending criminal charges and bias.
The trial court held an evidentiary hearing, received testimony from Detective Rico and Young’s trial counsel, and considered exhibits including transcripts and a biologist’s statement; the court denied relief on the merits.
On appeal the Ninth District reviewed the denial for abuse of discretion and applied the Strickland standard for ineffective assistance claims (deficient performance + prejudice).
The court concluded counsel’s choices not to pursue DNA testing or to seek the boyfriend’s DNA were reasonable strategic decisions (to emphasize lack of physical evidence), and that counsel could not have impeached the rebuttal witness with pending charges nor shown bias from a plea deal that did not exist at trial; Young failed to show deficient performance or prejudice.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel was ineffective for not investigating DNA from condoms found in the septic tank	Young: Counsel should have obtained an expert and tested the condoms to rebut the State and clarify DNA sources	State/Trial counsel: Counsel reasonably declined testing because he expected the condoms would show Young’s DNA and instead argued absence of physical evidence	Denied — no deficient performance; counsel’s tactical choice to emphasize lack of physical evidence was reasonable
Whether counsel was ineffective for not obtaining/testing the victim’s boyfriend’s DNA for the condom wrapper found under the bed	Young: Counsel should have compared boyfriend’s DNA to the wrapper to show alternative source	State/Trial counsel: Counsel strategically relied on inconclusive BCI results to argue lack of a link to Young and suspected the wrapper might be planted; obtaining boyfriend DNA risked weakening that argument	Denied — no deficient performance; tactical decision was reasonable
Whether counsel was ineffective for not investigating/using rebuttal witness’s pending charges or plea to show bias	Young: Counsel could have impeached the rebuttal witness with pending trafficking charges or shown bias from a plea deal tied to her testimony	State/Trial counsel: Evidence showed no plea or sentencing agreement existed at time of her testimony; pending charges alone are not admissible impeachment under Evid.R. 609	Denied — no prejudice; no impeachment available and no plea deal existed at trial
Whether the post‑conviction court abused its discretion in denying relief	Young: The cumulative failures warranted vacatur of convictions	State: Trial counsel’s actions were reasonable tactics and Young showed no Strickland prejudice	Denied — trial court did not abuse its discretion; Strickland not satisfied

Key Cases Cited

Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard explained)
Pons v. Ohio State Medical Board, 66 Ohio St.3d 619 (1993) (appellate courts may not substitute their judgment for trial court’s)
Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong test for ineffective assistance: deficient performance and prejudice)
State v. Bradley, 42 Ohio St.3d 136 (1989) (courts may resolve ineffectiveness claims on prejudice without reaching performance)
State v. Clayton, 62 Ohio St.2d 45 (1980) (deference to strategic trial decisions)
State v. Gondor, 112 Ohio St.3d 377 (2006) (applying Strickland in Ohio criminal cases)