STATE v. DURHAM

No. 98044.

2012 Ohio 4165

STATE OF OHIO, PLAINTIFF-APPELLEE, v. ROY DURHAM, DEFENDANT-APPELLANT.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Released and Journalized: September 13, 2012.


Attorney(s) appearing for the Case

Gregory Scott Robey, Robey & Robey, 14402 Granger Road, Maple Heights, OH 44137, Attorney for Appellant.

William D. Mason, Cuyahoga County Prosecutor, BY: T. Allan Regas, Kristen L. Sobieski, Assistant County Prosecutors, The Justice Center, 1200 Ontario Street, 8th Floor, Cleveland, OH 44113, Attorneys for Appellee.

BEFORE: Stewart, P.J., Cooney, J., and S. Gallagher, J.


JOURNAL ENTRY AND OPINION

MELODY J. STEWART, P.J.

{¶1} Defendant-appellant Roy Durham, Jr. sought postconviction relief from his conviction for felonious assault and kidnapping. He claimed that he was denied the effective assistance of counsel because his trial attorney failed to investigate and subpoena potential witnesses and failed to utilize exculpatory evidence at trial. The state argued that Durham's claims were barred by res judicata...

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