State v. Marriott

Citations

• 2021 Ohio 2845

Syllabus

Ineffective assistance of counsel prejudice no contest plea guilty plea appellate review motion in limine ruling docket silent presumed denied. A trial court speaks through its docket. For appellate review, if the docket does not reveal a ruling on the motion it is presumed denied. Here, appellant claimed ineffective assistance of counsel regarding her guilty plea, arguing if she pled no contest that she could challenge the court's ruling on the state's motion in limine on appeal. However, a review of the docket reveals that the court never ruled on the state's motion in limine. As such, we presume the state's motion in limine was denied and thus appellant can demonstrate no prejudice.