State v. Wallace

Citations

• 2017 Ohio 7322

Syllabus

Ineffective assistance of counsel peremptory challenge actual bias prejudice. In a case where the defendant was charged with rape, trial counsel was not ineffective for not exercising a peremptory challenge to excuse a juror who was a rape victim where the juror stated that she did not consider herself to be a rape victim, and that she had healed from the experience and could be fair and impartial in deciding the case. Also, even if counsel's performance were deficient, defendant failed to demonstrate prejudice resulting from counsel's performance because he failed to demonstrate that the juror was actually biased against him, and could only speculate that the result of the trial would have been different if the juror had been excused.