Cleveland v. Wells

Citations

• 2023 Ohio 1666

Syllabus

Conviction appeal aggravated disorderly conduct first-degree misdemeanor pretrials trial date substitute counsel ineffective assistance of counsel Strickland test plea knowing intelligent voluntary prejudice trial court continuance denied retained counsel guilty plea city prosecutor witnesses new evidence consultation review defendant's right Reber coercion no-contact order violation totality of circumstances reasonable probability sentencing. A defendant appealed her conviction for aggravated disorderly conduct based on ineffective assistance of counsel. When the trial court refused to grant a continuance, defendant's retained counsel did not appear on the day of her trial, and substitute counsel was unable to proceed with the trial ineffective assistance of counsel caused the defendant's plea to be involuntary. The court found that based on the totality of circumstances, the defendant was forced to accept a plea when she would have exercised her right to a trial. The court vacated the conviction and remanded the case to the trial court.