State v. Barber

Citations

• 2017 Ohio 9257

Syllabus

Where a defendant's postconviction claims for ineffective assistance allege and offer evidence of counsel's ineffectiveness by identifying things not done but that could have been and arguably should have been done during trial, such claims may rely on evidence dehors the record which could not have been asserted in a direct appeal where the record is limited to the record produced at trial, and absent other factors, is not barred by res judicata. When a trial court summarily rejects such evidence as self-serving without analysis required by R.C. 2953.21, an appellate court cannot sufficiently review the trial court's decision, and it must be remanded for the required analysis. Judgment affirmed in part and reversed in part, with instructions.