State v. Gardner

Citations

• 2024 Ohio 1158

Syllabus

App.R. 26(B) ineffective assistance of trial counsel ineffective assistance of appellate counsel murder complicity cross-examination proof beyond a reasonable doubt perjury inconsistencies in testimony defendant's decision to testify and record support. This court denied an App.R. 26(B) application to reopen. The applicant's claims concerning perjury and withholding exculpatory evidence did not have record support. Inconsistencies in witnesses' testimonies do not show perjury. The applicant's decision not to testify was confirmed by the record and does not support the claim that counsel did not allow her to testify. Moreover, the decision whether or not to testify is a strategic decision not questionable through a claim of ineffective assistance of counsel. Applicant's counsel followed the strategy of trying to show a reasonable doubt through the absence of certain evidence. This court will not second-guess such strategic decisions.