State v. Smith

Citations

• 2020 Ohio 4828

Syllabus

Remand polygraph ineffective assistance of counsel sentencing clearly and convincingly standard. This cause is on remand from the Ohio Supreme Court. In Smith I, Smith argued in his first assignment of error that his guilty plea should be vacated. We agreed, based on our precedent, and did not address his remaining two assignments of error. The Supreme Court reversed our ruling and ordered this court to address the remaining assignments of error. Smith argued that the trial court abused its discretion in using polygraph results in his sentencing and that his counsel was ineffective for failing to object to their use. We found that the court did not use polygraph results in its sentencing and so Smith was not prejudiced. Smith also argued that his sentence was too harsh and that he could have received a lesser sentence. The court found that Smith did not show remorse and that his sentence — which was within the statutory guidelines — was adequate to punish him for his crime. We did not find any error with the court's sentencing.