State v. Starks

Citations

• 2019 Ohio 2842

Syllabus

The trial court properly denied appellant's motion to suppress evidence seized during a traffic stop. The appellant's marked-lane violation provided a lawful basis for the stop. The trial court did not err in denying appellant's motion for a hearing under Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), to challenge a search-warrant affidavit for a motel room he was renting. The trial court also did not err in denying appellant's motion to suppress evidence found in the motel room. Assuming, arguendo, that the trial court erred in denying a longer continuance after appellant retained new counsel, he subsequently entered into a negotiated plea agreement, and nothing in the record suggests that the trial court's resolution of the continuance issue caused appellant to plead no contest. That being so, appellant cannot establish any prejudice resulting from the trial court's ruling. The record does not portray ineffective assistance of counsel based on counsel's handling of the motion to suppress related to the traffic stop or the motion for a Franks hearing. Judgment affirmed.