Summary
The Seventh District Court of Appeals of Ohio affirmed Cortez Shipp’s convictions and sentence following his guilty plea to aggravated trafficking in methamphetamine. The court held that the trial court complied with Ohio Criminal Rule 11 and that Shipp’s plea was knowing, voluntary, and intelligent. The court also rejected Shipp’s ineffective-assistance claim, finding no demonstrated deficient performance or prejudice.
Holdings
- The guilty plea was knowingly, voluntarily, and intelligently entered because the trial court strictly complied with Crim.R. 11(C)(2) as to the constitutional rights waived and substantially complied as to the nonconstitutional plea requirements.
- Shipp failed to establish ineffective assistance of counsel because the record contradicted his claim that counsel failed to review the evidence and he failed to demonstrate prejudice.
Questions Presented
- Whether the trial court accepted Shipp's guilty plea knowingly, voluntarily, and intelligently in compliance with Crim.R. 11(C)(2).
- Whether Shipp was denied the effective assistance of counsel because counsel allegedly failed to review discovery and advise him adequately before the plea.
Disposition
affirmed
Cases Cited (11)
- State v. Trubee, 2005-Ohio-552, ¶ 8 (3d Dist.)(followed)
- Brady v. United States, 397 U.S. 742 (1970)(followed)
- State v. Martinez, 2004-Ohio-6806, ¶¶ 11-12 (7th Dist.)(followed)
- Boykin v. Alabama, 395 U.S. 238, 243 (1969)(followed)
- State v. Truax, 2007-Ohio-4993, ¶ 8 (7th Dist.)(followed)
- State v. Kelley, 57 Ohio St.3d 127 (1991), paragraph two of the syllabus(followed)
- State v. Snyder, 2004-Ohio-3366, ¶ 13 (7th Dist.)(followed)
- State v. Barnett, 73 Ohio App.3d 244, 249 (2d Dist. 1991)(followed)
- Strickland v. Washington, 466 U.S. 668, 687 (1984)(followed)
- State v. Bradley, 42 Ohio St.3d 136 (1989), paragraphs two and three of the syllabus(followed)
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Cited In (0)
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Court Document
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