State v. Johnson

Citations

• 2023 Ohio 80

Syllabus

App.R. 26(B) application to reopen, ineffective assistance of appellate counsel, ineffective assistance of trial counsel, self-defense, lesser included offense instruction, right to jury trial, and fair trial. The court denied an application to reopen under App.R. 26(B). Appellate counsel was not ineffective for directly arguing that the trial court erred in not giving a self-defense instruction, instead of framing the issue as a failure to allow the jury to weigh the evidence. Trial counsel was not ineffective for failing to seek a lesser included offense instruction on involuntary manslaughter because the defendant was convicted on involuntary manslaughter. Labeling the defendant as the shooter in a video did not deprive the defendant of a fair trial. Trial counsel used the video to argue that the defendant could not have killed the victim.