State v. Jordan

Citations

• 2017 Ohio 7342

Syllabus

The trial court, without conducting an evidentiary hearing, dismissed Defendant-appellant's petition seeking post-conviction relief (PCR). Defendant-appellant's petition asserts entitlement to PCR based upon the contention that in several respects trial counsel provided ineffective assistance of counsel. The trial court did not abuse its discretion by concluding that Defendant-appellant failed in his initial burden to submit sufficient evidentiary material demonstrating a constitutional violation so that an evidentiary hearing was required. The trial court, in reaching this conclusion, used the proper standard, as set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), to evaluate the claims of ineffective assistance of counsel. The trial court did not abuse its discretion when concluding that trial counsel did not render ineffective assistance by not presenting the testimony of a retained medical expert, or by not using, during cross-examination of the State's expert witnesses, impeachment material provided by the retained expert. Further, the trial court did not abuse its discretion by concluding that trial counsel did not render ineffective assistance when he allowed Defendant-appellant to be present during a view of the victim's clothing, and, thus, under Defendant-appellant's theory, allowing the clothing to be contaminated by Defendant-appellant's DNA. The trial court, additionally, did not abuse its discretion by improperly using trial counsel's reputation when evaluating the ineffective assistance claims. Also, the trial court did not abuse its discretion by not granting Defendant-appellant's summary judgment motion. Finally, the trial court did not abuse its discretion by concluding that the cumulative effect of trial counsel's errors did not constitute ineffective assistance of counsel. Judgment affirmed.