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State v. Brown

Court of Appeals of Ohio, Twelfth District

September 30, 2013

STATE OF OHIO, Plaintiff-Appellee,
v.
STANLEY BROWN, Defendant-Appellant.

CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No. CR10-12-1966

Michael T. Gmoser, Butler County Prosecuting Attorney, Lina N. Alkamhawi, Government Services Center, for plaintiff-appellee

Stanley Brown, #A614-974, Lebanon Correctional Institution, defendant-appellant, pro se

OPINION

RINGLAND, J.

(¶ 1} Defendant-appellant, Stanley Brown, appeals a decision of the Butler County Court of Common Pleas overruling his petition for postconviction relief.

(¶ 2} On September 29, 2011, Brown was convicted of two counts of rape, felonies of the first degree. The first count included a specification that the victim was under ten years of age at the time of the offense. Brown was sentenced to life with the possibility of parole after ten years for the first count, to be served concurrently with a ten-year prison term for the second count.

(¶ 3} Brown appealed his convictions and sentence to this court. State v. Brown, 12th Dist. Butler No. CA2011-11-207, 2013-Ohio-1610. While that appeal was pending, Brown filed a petition for postconviction relief on May 21, 2012, seeking to vacate or set aside his conviction and sentence. Neither the state nor the trial court was served with Brown's petition for postconviction relief. On November 1, 2012, Brown filed a motion to supplement his petition. On November 6, 2012, the trial court denied Brown's petition and motion to supplement the petition.

(¶ 4} Brown now appeals that decision, raising three assignments of error for our review.

(¶ 5} Assignment of Error No. 1:

(¶ 6} TRIAL COUNSEL WAS INEFFECTIVE ASSISTANCE OF COUNSEL IN VIOLATION OF THE SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATE'S CONSTITUTION AND ARTICLE 1 SECTION 10 OF THE OHIO CONSTITUTION, FOR FAILING TO DEMONSTRATE TO THE JURY DEFENDANT'S WAS INCARCERATED DURING THE TIME FRAME SET OUT IN THE SPECIFIC BILL OF PARTICULAR. [SIC]

(¶ 7} Assignment of Error No. 2:

(¶ 8} TRIAL COUNSEL WAS INEFFECTIVE ASSISTANCE OF COUNSEL. IN VIOLATION OF THE SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATE'S CONSTITUTION AND ARTICLE 1 SECTION 10 OF THE OHIO CONSTITUTION. [SIC]

(¶ 9} Assignment of Error No. 3:

(¶ 10} TRIAL COUNSEL WAS CONSTITUTIONALLY DEFICIENT BY FAILING TO USE A MATERIAL WITNESS AT THE BEHEST OF DEFENDANT, RESULTING IN DEPRIVATION OF SIXTH & ...


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