State v. Rosemond

Citations

• 2022 Ohio 111

Syllabus

COUNSEL – POSTRELEASE CONTROL – SENTENCING: Defendant did not receive ineffective assistance of appellate counsel where he failed to demonstrate that he suffered prejudice as a result of trial counsel's failure to raise the issue of misjoinder under Crim.R. 8 there was no reasonable probability that the result of the appeal would have been different but for counsel's errors. [But see DISSENT: The misjoinder of the charges resulted in a trial that was unreliable and fundamentally unfair because of counsel's deficient performance.] Defendant convicted of murder and sentenced to postrelease control as part of his sentence received ineffective assistance of appellate counsel where defendant was prejudiced by appellate counsel's failure to challenge the imposition of postrelease control: the postrelease-control statute does not apply to murder.