State v. Abraham

Citations

• 2025 Ohio 1446

Syllabus

Application to reopen; App.R. 26(B); ineffective assistance of appellate counsel; ineffective assistance of trial counsel; lack of record support; Brady v. Maryland; suppression of exculpatory evidence; State's exclusive control of such evidence; authentic assignments of error; manifest weight; trial strategy and tactics; exercise of professional judgment. This court denied an App.R. 26(B) application to reopen. Counsel in the exercise of professional judgment properly declined to argue matters without record support and that came within trial strategy and tactics, such as seeking a bench trial, and not having the defendant testify. A Brady violation did not occur because the State did not have exclusive control over the subject Facebook and text messages. Appellate counsel argued that the verdict was against the manifest weight, and this court held that the conviction for impaired rape was supported by the evidence.