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State v. Gatewood

Citations

  • 2023 Ohio 3497

Syllabus

POSTCONVICTION: The common pleas court did not abuse its discretion by denying defendant's R.C. 2953.21 petition for postconviction relief without first holding an evidentiary hearing where defendant failed to sustain his burden to demonstrate substantive grounds for relief: the evidence presented by defendant did not demonstrate trial counsel's performance was deficient or prejudicial where trial counsel's decision to try defendant's weapons charge to the jury was strategic and where the jury was instructed that it could not consider defendant's juvenile adjudication for any purpose other than to show that he was under a disability and that the prior adjudication could not be used to prove his character or that he acted in conformity with that character.

Judges: Kinsley

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