State v. Jackson

Citations

• 2024 Ohio 1880

Syllabus

POSTCONVICTION — INEFFECTIVE ASSISTANCE OF COUNSEL: The common pleas court did not abuse its discretion by granting defendant's petition for postconviction relief where there was competent, credible evidence supporting the court's finding that trial counsel rendered ineffective assistance of counsel by failing to argue in defendant's motion to suppress that his cognitive deficits prevented defendant from knowingly, intelligently, and voluntarily waiving his Miranda rights and voluntarily confessing: the trial court properly relied on the expert psychologist's opinion set forth in his report to determine that trial counsel's performance was deficient where the expert, after completing his report, reviewed the video recordings of defendant's police interviews and opined that the recordings further supported his opinion that defendant's intellectual capacity prevented him from competently waiving his rights. [But See DISSENT: The trial court abused its discretion by granting postconviction relief when it failed to apply the proper analysis to determine whether defendant had been prejudiced by trial counsel's deficient performance.]