State v. Stafford

Citations

• 2026 Ohio 1378

Syllabus

Plain error; waiver; constitutionality; R.C. 2923.13(A)(2); ineffective assistance. Appellant waived argument regarding the constitutionality of R.C. 2923.13(A)(2) based on this court's ruling in State v. Philpotts, 2025-Ohio-1179 (8th Dist.), when he failed to raise it with the trial court. Nevertheless, the record reflects that the trial court did not plainly err, where the Ohio Supreme Court stayed execution of the Philpotts case pending appeal. Appellant did not establish ineffective assistance of counsel based on allegations that his counsel did not consider or advise him of the Philpotts decision before entering his plea, where the record did not reflect counsel's failure. To the extent appellant argued events that happened off the record, his remedy was in postconviction-relief proceedings and not direct appeal.