State v. Weakley

Citations

• 2017 Ohio 8404

Syllabus

Ineffective assistance of counsel plea negotiations misstatement of law failure to bifurcate having a weapon while under disability charge stipulation regarding prior conviction witness testimony regarding defendant's incarceration mistrial submission of unadmitted document to jury motion for new trial cumulative error. Defense counsel provided ineffective assistance of counsel during plea negotiations where he failed to correct a misstatement of law by the prosecutor regarding defendant's eligibility for judicial release that derailed defendant's attempt to accept a favorable plea offer. Cumulative error associated with defense counsel's failure to request bifurcation of having a weapon while under disability charge, improper testimony by witness regarding defendant's prior incarceration, and improper submission of an unadmitted, potentially prejudicial document to the jury deprived defendant of his right to a fair trial.