State v. Buckney

Citations

• 2020 Ohio 4927

Syllabus

The record establishes that appellant did not receive ineffective assistance of counsel at his resentencing hearing. Although the 13-year delay in resentencing was a \serious administrative lapse\ and inexcusable, appellant was not prejudiced by the delay between our remand in State v. Buckney, 2d Dist. Clark No. 2005-CA-56, 2006-Ohio-4148, issued in August 2006, and the limited resentencing hearing held in September 2019 he remained lawfully incarcerated during the delay due to the length of his sentence. Appellant's merger argument was barred by res judicata because he failed to raise the argument in his direct appeal of his 2005 convictions. Judgment affirmed.