State v. Sowell

Citations

• 2020 Ohio 2938

Syllabus

Trial court grounds for relief mitigation defense counsel death penalty postconviction relief direct appeal res judicata factors substance abuse, depression operative fact investigate ineffective assistance discovery funds expert constitution abuse of discretion preparation evidentiary hearing. The trial court did not err in denying petitioner's request for funds to obtain an expert and additional discovery. Petitioner failed to show ineffective assistance of counsel during the mitigation phase of trial. While additional expert testimony might have established alternative or additional mitigating theories, there was not prejudice. Defendant's petition for postconviction relief failed to set forth sufficient operative facts to establish substantive grounds for relief.