State v. Meadows

Citations

• 2020 Ohio 3888

Syllabus

App.R. 26(B) application for reopening ineffective assistance of appellate counsel due process right to present a defense speedy trial R.C. 2945.71 constitutional rights to speedy trial retrial after successful appeal improper continuances R.C. 2953.08 reinstatement of the indictment vindictive sentence trial judge's absence during a portion of the trial ineffective assistance of trial counsel motion to suppress. The application for reopening was denied where the applicant failed to demonstrate a colorable claim of ineffective assistance of appellate counsel when counsel failed to raise assignments of error challenging: (1) the denial of his due process right to present a defense (2) violations of speedy trial rights (3) the way in which continuances were docketed (4) violations of R.C. 2953.08 (5) the reinstatement of charges and specifications that were previously dismissed as part of a plea deal that was subsequently vacated on appeal (6) the trial court's imposition of a harsher sentence after successful appeal (7) the lack of the trial court's presence in the courtroom while the state played a videotaped interview of appellant (8) and ineffective assistance of trial counsel when counsel failed to file a motion to suppress.