State v. Smith

Citations

• 2022 Ohio 1984

Syllabus

Defendant appeals assault conviction. Defendant's aggressive actions sufficient to demonstrate knowing attempt to assault. Defense counsel not ineffective for failing to file affidavit of bias concerning remarks by trial court judge. Remarks did not establish bias. No evidence of resulting prejudice. Defense counsel not ineffective for withdrawing motion to suppress where filing the motion would have been futile. Defense counsel not ineffective for failing to call the defendant to testify. Procedures set forth under R.C. 2701.03(A) provide exclusive means of petitioning Ohio Supreme Court concerning alleged judicial bias by common pleas court judge.