Should Ineffective Assistance of Counsel Claims Be Made Separately from Trial Appeal?
State of Ohio v. Denny W. Blanton Jr., Case No. 2021-0172
Fourth District Court of Appeals (Adams County)
ISSUES:
- Does the doctrine of res judicata bar a criminal defendant from raising a claim of ineffective assistance of trial counsel for the first time in a post-conviction proceeding if the claim could have been raised on direct appeal?
- Does res judicata apply to claims of ineffective assistance of trial counsel if additional evidence must be presented in court to meaningfully explain how the original trial lawyer was ineffective?