State v. Korecky

Citations

• 2020 Ohio 797

Syllabus

Guilty plea ineffective assistance of counsel statute of limitations. A plea of guilty waives the right to claim that a defendant was prejudiced by ineffective assistance of counsel, except to the extent that the ineffective assistance of counsel caused the defendant's plea to be less than knowing, intelligent, and voluntary. A trial counsel's failure to advise a defendant of the statute of limitations defense can potentially avoid the application of waiver because it may impact the voluntary nature of the plea. In this case, however, appellant's trial counsel filed a motion to dismiss and asserted the defense of the statute of limitations on appellant's behalf but appellant chose to plead guilty to a reduced charge. Appellant fails to demonstrate his plea was less than knowing or voluntary due to any perceived deficient performance by his trial counsel.