Summary
The Ninth District Court of Appeals of Ohio affirmed Darren D. King’s convictions for two counts of felonious assault and his community-control sentence. The court held that his challenge to consecutive jail terms imposed as community-control conditions was moot because he had completed the jail terms. It also rejected his ineffective-assistance claim, concluding that King failed to establish deficient performance concerning the timing of the mechanic’s identification as an expert witness.
Holdings
- The challenge was moot because King had completed the consecutive jail terms and the appellate court could provide no relief concerning that completed sanction.
- King failed to establish deficient performance under Strickland; therefore, his ineffective-assistance claim failed.
Questions Presented
- Whether King's challenge to consecutive 180-day jail terms imposed as conditions of community control was moot because he had completed those jail terms.
- Whether King was denied effective assistance of counsel because trial counsel did not timely identify the mechanic as an expert witness and provide an expert report to the State.
Disposition
affirmed
Cases Cited (21)
- Miner v. Witt, 82 Ohio St. 237 (1910)(followed)
- Mills v. Green, 159 U.S. 651 (1895)(followed)
- State v. Bellomy, 2013-Ohio-3187 (9th Dist.)(followed)
- Columbus v. Duff, 2005-Ohio-2299 (10th Dist.)(followed)
- In re S.J.K., 2007-Ohio-2621(distinguished)
- State v. Stevens, 2012-Ohio-4095 (9th Dist.)(followed)
- Strickland v. Washington, 466 U.S. 668 (1984)(followed)
- State v. Bradley, 42 Ohio St.3d 136 (1989)(followed)
- Michel v. Louisiana, 350 U.S. 91 (1955)(followed)
- State v. Sowell, 2016-Ohio-8025(followed)
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Cited In (0)
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Court Document
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