State v. Oteng

Citations

• 2020 Ohio 6939

Syllabus

In postconviction proceeding involving allegations of ineffective assistance of counsel because counsel was being prosecuted by the State while representing the defendant and such counsel is alleged to have ignored the calls of a key exonerating witness who never appeared at trial, a trial court does not abuse its discretion in denying postconviction relief where it takes the testimony of an assistant prosecuting attorney whose office was not directly prosecuting the defendant's counsel but observed the defendant's counsel's performance at trial and where the absence of testimony by the key witness is deliberate and no subpoena has been requested or issued to require the witness' attendance at the postconviction hearing.