State v. Howard

Citations

• 2022 Ohio 2959

Syllabus

Due process right to be present waiver of presence stipulation ineffective assistance of counsel. Defendant's counsel waived defendant's presence at a scheduled hearing and stipulated to a psychiatric report that did not find defendant incompetent to stand trial. Defendant has not shown evidence of his incompetence at the time his presence was waived and counsel stipulated to the psychiatric report. The record does not show defendant suffered prejudice by counsel's waiver of his presence, nor has defendant shown that the outcome of the proceedings was likely to be different had he been present to object to counsel's stipulation to the psychiatric report. Convictions affirmed.