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Ohio Supreme Court: Ineffective Assistance of Counsel Analysis Applies to Failure to Seek Waiver of Court Costs
by David M. Reutter
The Supreme Court of Ohio held that when trial counsel fails to request a waiver of costs on behalf of a defendant who has previously been found indigent, the reviewing court must make a prejudice determination under the ineffective assistance of counsel analysis.
The Court’s decision ...
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More from this issue:
- News in Brief
- Cops Killed Nearly 13 Times More People Than Mass Shooters, by Bill Barton
- U.S. District Judge Blows Open ATF Fake Stash-House Stings, Wants to Know Why They Only Target Minorities, by Dale Chappell
- New Jersey Tightens Reins on Civil Asset Forfeiture, by Douglas Ankney
- Nevada Supreme Court: 26-Month Delay Between Charges and Arrest Constitutes Speedy Trial Violation, by Anthony Accurso
- New York to Seal Convictions for Small Amounts of Marijuana
- Warrant Gives Police Access to DNA Database, by Jayson Hawkins
- Rhode Island Supreme Court Reverses Conviction Due to Prosecutor’s Remarks and Jury Consideration of Inadmissible Evidence, by Douglas Ankney
- Colorado Supreme Court Announces Implied Bias the Same as Actual Juror Bias, Requiring Automatic Reversal, by Anthony Accurso
- Racial Disparity at Sentencing on the Rise, by Anthony Accurso
- NYC Drug Prosecutor Bucks Trend of Releasing List of Cops with Credibility Issues, by Douglas Ankney
- Louisiana Supreme Court: State Abused Charging Authority by Dismissing and Reinstituting Charges to Circumvent Adverse Court Ruling, by Anthony Accurso
- Jury Nullification as a Cure for Prosecutorial Overreach, by Anthony Accurso
- New Lie Detectors Are On the Way, But Are They Better Than the Old One?, by Anthony Accurso
- California Supreme Court: Positioning Computer Monitor to Obstruct Defendant’s View of Complaining Witness Violates Confrontation Clause, by Douglas Ankney
- Ohio Supreme Court: Ineffective Assistance of Counsel Analysis Applies to Failure to Seek Waiver of Court Costs, by David M. Reutter
- Massachusetts Supreme Judicial Court: Police Must Inform Arrested Driver That Passenger Can Assume Custody of Vehicle if Lawful and Practical as Alternative to Impoundment, by Douglas Ankney
- California Court of Appeal: Hunch That Proves Correct Is Not Reasonable Suspicion for Traffic Stop, by Douglas Ankney
- Sex Offenders Go to W.A.R., by Edward Lyon
- New Orleans Sheriff’s Office Tracked Cellphones Absent Warrants, by Chad Marks
- Nevada Supreme Court: Duress Defense May be Used for Non-Death Penalty Charges, Even When Connected to Charges Punishable by Death, by Dale Chappell
- Reform-Minded Prosecutors Use Charging Discretion to Benefit Communities, by Anthony Accurso
- Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review, by Michael Berk
- Pennsylvania Supreme Court Holds Retention of Defendant’s ID Card Constitutes ‘Seizure’ for Fourth Amendment Purposes, by Dale Chappell
- Sex Offender Registries Grounded in False Notions, by Anthony Accurso
- Third Circuit Holds ‘Bare’ Arrest Record Insufficient to Support Higher Sentence, by Dale Chappell
- Fact or Fiction, Television Crime Shows Ignore Racism and Reality, by Michael Fortino, Ph.D
- The Faulty Science of Breathalyzers, by Jayson Hawkins
- Sixth Circuit: Ohio’s Stringent Post-Conviction Filing Deadline Opens Window for Federal Review Under Trevino, by Anthony Accurso
- Maryland Court of Appeals Announces, When Requested, Trial Courts Must Ask During Voir Dire Whether Jurors Will Follow Court’s Instructions on Presumption of Innocence, Burden of Proof, and Right Not to Testify, by Douglas Ankney
- Louisiana Supreme Court: When an Identified Attorney Seeks to Assist a Person in Custody and Police Fail to Inform the Person, Inculpatory Statements Must Be Suppressed, by Douglas Ankney
- D.C. Circuit: 18 U.S.C. § 1114 Does Not Apply Overseas But § 924(c) Does, by Douglas Ankney
- Third Circuit: Confrontation Clause Violated When Jury Is Told ‘Other Guy’ Referenced in Non-Testifying Codefendant’s Statement Is the Defendant, by Douglas Ankney
- Georgia Supreme Court Overrules 50 Years of Jurisprudence and Announces Courts Are to Consider Cumulative Prejudice of Trial Court and Counsel Errors, by Douglas Ankney
- Ninth Circuit Orders Habeas Relief After California Concedes Conviction Should Be Overturned Due to Defense Counsel’s ‘Virulent Racism’, by Douglas Ankney
- Michigan Supreme Court: Defendant Entitled to Self-defense Jury Instruction, by David M. Reutter
- Seventh Circuit Holds Brain Injury May Allow Equitable Tolling to File Late Habeas Petition, by Dale Chappell
- Life Sentence for Murder Overturned by New DNA Technology, by Michael Fortino, Ph.D
- Expert’s Burn-Pattern Conclusions Flawed, by David M. Reutter
- New York’s SARA Requirements Force Sex-Offenders into Homelessness Then Hold Them in Prison Due to Their Homelessness, by Kevin Bliss
- Law Review Article Zeros in on Roadblocks to Plea Bargain Fairness and Effectiveness, by David M. Reutter
- Kansas Supreme Court: State Failed to Prove Building Was a Dwelling, by Douglas Ankney
- Maine Supreme Court Declares Blood Draw Statute Unconstitutional, Overruling Cormier, by Douglas Ankney
- Utah District Court Finds First Step Act Gives Court Authority to Reduce Stacked 55-Year § 924(c) Sentence, by Chad Marks
- Seventh Circuit Vacates Guilty Pleas Based on Misinformation of Mandatory Minimum, by David M. Reutter
- More Trainings Are Not the Answer to Police Violence Against Disabled People, by Euree Kim
- Sixth Circuit Adopts ‘Naked Eye Test’ for Altered Firearm Serial Number Enhancement, by Dale Chappell
- Connecticut Supreme Court Clarifies Standard of Review for Confrontation Clause Claims; Reverses and Remands for a New Trial, by Douglas Ankney
- Spirited (But Problematic?) Advocacy for Bernie Madoff to Receive Compassionate Relief, by Professor Douglas A. Berman
- Iowa Supreme Court: Officer’s Delay of Traffic Stop to Investigate Other Matters Unconstitutional, by David M. Reutter
- The Rise of Smart Camera Networks, and Why We Should Ban Them, by Michael Kwet
More from David M. Reutter:
- Fifth Circuit Kills Suit by Louisiana Prisoners Whose Release Dates Were Incorrectly Calculated, Aug. 15, 2023
- Federal Court Upholds and Monitors Requirement for Tennessee Jail to Provide COVID-19 Vaccination for Detainees, July 15, 2022
- Federal Courts Order Seizure of Canteen Funds for Restitution Owed by High-Profile Prisoners, July 15, 2022
- California Court Rules Bail Bond Companies Must Give Cosigners Financial Impact Notice, July 15, 2022
- Supreme Court of Kansas: Lower Court Did Not Have Authority to Revoke Probation Without a Warrant, July 15, 2022
- Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation, June 15, 2022
- Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal, June 15, 2022
- Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence, June 15, 2022
- Wisconsin Prisoner In Vegetative State After Suicide Attempt Wins New Trial on Jury Instruction Error, July 1, 2021
- Illinois Prisoner’s Negligence Lawsuit Alleging Injuries from Wart Treatment Timely Filed, July 1, 2021
More from these topics:
- Police Legal Defense Funds Have Millions in Reserve, Aug. 15, 2021. Costs, Police.
- The Costs of the War on Drugs, May 15, 2021. War on Drugs, Costs.
- Idaho: ACLU Files Suit That Reveals Officials Misled Public About Costs Associated With Executions In State, July 7, 2019. War on Drugs, Costs, Death Penalty/Death Row, Death Penalty, Death Row.
- Georgia Renewal Statute Requires Prepayment of Costs of Prior Suit, Aug. 7, 2018. Costs.
- Ninth Circuit: Incarceration Costs Subject to Bankruptcy Discharge, Nov. 28, 2017. Costs, Juveniles.
- Locked Up for Being Poor, March 28, 2017. Cost of Prison Systems, Costs.
- Police Misconduct Lawsuits Cost Taxpayers, Not Cops, Millions, March 28, 2017. Police Misconduct, Costs.
- New Jersey: Jail Time for Unpaid Littering Fine Results in Civil Suit, March 9, 2017. Judicial Misconduct, Costs, Money/Property.
- New Study Documents Lower Pre-arrest Incomes for Prisoners, Dec. 8, 2016. Crime/Demographics, Statistics/Trends, Census, Cost of Prison Systems, Indigent Defense, Costs, Money/Property, Seizure of Prisoner Funds, Prisoner Property, Restitution, Bankruptcy, Bond Fees, Booking Fees, Bail Bonds.
- Missouri Governor Doesn’t Have to Serve as Public Defender, Dec. 7, 2016. Appointment of Counsel, Public Defenders, Indigent Defense, Costs.