State v. J.L.S.

Summary

The Ohio Tenth District Court of Appeals considers an appeal from convictions for two counts of gross sexual imposition and one count of attempted rape. The defendant raises issues concerning his presence during peremptory jury challenges, ineffective assistance of counsel, manifest weight of the evidence, cumulative error, jail-time credit, and the failure to record a trial proceeding. The excerpt includes the factual and procedural history and discussion of the first and supplemental assignments of error, but does not include the complete disposition.

Holdings

1. J.L.S. failed to establish that he was absent during the exercise of peremptory challenges. The settled and approved App.R. 9(C) statement established that he was present in the courtroom and participated with counsel in exercising the strikes.
2. Although the trial court had a duty under Crim.R. 22 to record the proceedings in this serious-offense case, the failure to record the peremptory challenges did not require reversal because J.L.S. did not object, the record was reconstructed under App.R. 9(C), and he could not demonstrate material prejudice.
3. J.L.S. failed to establish ineffective assistance of counsel because he did not show deficient performance and resulting prejudice under Strickland.
4. The convictions for gross sexual imposition and attempted rape were not against the manifest weight of the evidence.
5. The trial court erred in awarding only ten days of jail-time credit; the matter had to be remanded for proper calculation of the credit.

Questions Presented

1. Whether J.L.S. was denied his constitutional and procedural right to be present during the exercise of peremptory jury strikes.
2. Whether the trial court's failure to record the peremptory challenges violated Crim.R. 22 and denied due process or meaningful appellate review.
3. Whether J.L.S. received ineffective assistance of counsel based on counsel's handling of jury selection, judicial comments, alleged prosecutorial misconduct, expert and hearsay testimony, cross-examination, and closing argument.
4. Whether the convictions were against the manifest weight of the evidence.
5. Whether cumulative error required reversal.
6. Whether the trial court improperly calculated J.L.S.'s jail-time credit.

Disposition

reversed_and_remanded