Opinion

State v. Holloway

  • 38 Ohio St. 3d 239
  • 527 N.E.2d 831
  • 1988 Ohio LEXIS 277
Court
Ohio Supreme Court
Filed
Aug 24, 1988
Status
Published
Author
Holmes
On the bench
Brown, Douglas, Holmes, Locher, Moyer, Sweeney, Wright
Cited by
275 cases
Authority
More cited than 15.1%

stating that failure to object insufficient on its own to establish Highland App. No. 25CA24 34 ineffective assistance of counsel; instead, a defendant still must demonstrate that counsel substantially violated an essential duty and that counsel's performance materially prejudiced the defense

How later courts described this case

  • stating that failure to object insufficient on its own to establish Highland App. No. 25CA24 34 ineffective assistance of counsel; instead, a defendant still must demonstrate that counsel substantially violated an essential duty and that counsel's performance materially prejudiced the defense
  • stating that failure to object insufficient on its own to establish ineffective assistance of counsel; instead, a defendant still must demonstrate that counsel substantially violated an essential duty and that counsel’s performance materially prejudiced the defense
  • looking to § 2929.04(B)(7) for proper definition of mitigating factors and finding trial court’s use of different definition in subsequent written opinion was harmless error in part because jury was given proper § 2929.04(B) instruction at time
  • "[Mhtigating factors under [Ohio law] are not related to a defendant's culpability but, rather, are those factors that are relevant to the issue of whether an SUPREME COURT OF NEVADA 3 (0) 1947A ep(D offender. .. should be sentenced to death."

Written by the judges who cited it.

The opinion

Holmes, J.,

concurring. I concur in both the syllabus and judgment and, in the main, with the total opinion. I write solely to reference my disagreement with State v. Penix (1987), 32 Ohio St. 3d 369 , 513 N.E. 2d 744 , which is cited with approval by the majority herein.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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