State v. Davis
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In this certified-conflict case, the Supreme Court held that when an indigent defendant makes an ineffective assistance of counsel claim based upon counsel's failure to request a waiver of court costs, a reviewing court must apply the test in State v. Bradley, 538 N.E.2d 373 (Ohio 1989) for determining whether a defendant received ineffective assistance of counsel.
Defendant was convicted of assaulting a peace officer. The trial court assessed court costs against Defendant, despite his indigent status. On appeal, the court of appeals determined that Defendant was not prejudiced by trial counsel's failure to request a waiver of costs and that the basis for a finding of ineffective assistance of counsel for failure to request such a waiver no longer exists. The Supreme Court reversed, holding (1) when trial counsel fails to request that the trial court waive court costs on behalf of an indigent defendant, a determination of prejudice for purposes of an ineffective assistance of counsel analysis deeds on whether there is a reasonable probability that the trial court would have granted the request to waive costs had one been made; and (2) the court of appeals incorrectly analyzed the prejudice prong of the ineffective-assistance of counsel analysis set forth in Bradley.
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