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State v. Scott

2026-08-21

Summary

Holding. The court affirmed the trial court's judgments in all three cases, finding no evidence of ineffective assistance of counsel that would invalidate Scott's guilty plea.

Raymond Scott pleaded guilty to aggravated murder, kidnapping, and domestic violence across three cases in exchange for a negotiated sentence of 31.5 years to life and agreement to dismiss additional charges. On appeal, Scott claimed that his reappointed public defender provided ineffective assistance by failing to consult with him and by not filing pretrial motions, which he argued undermined the knowing, intelligent, and voluntary nature of his plea. The appellate court examined Scott's claims under the two-part test established in Strickland v. Washington, requiring a defendant to demonstrate both deficient performance by counsel and resulting prejudice to the defense.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether failure to consult with defendant constitutes ineffective assistance of counsel
  • Whether failure to file unspecified pretrial motions invalidates a guilty plea
  • Whether a guilty plea entered after reappointed counsel represents a defendant remains valid under Strickland v. Washington

Procedural posture

Scott appealed from his convictions in three cases following his negotiated guilty plea, raising a single assignment of error that his plea was not knowing, intelligent, and voluntary due to ineffective assistance of counsel.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

[Cite as State v. Scott, 2026-Ohio-3267.]

IN THE COURT OF APPEALS OF OHIO

SECOND APPELLATE DISTRICT

CLARK COUNTY

STATE OF OHIO :

: C.A. No. 2025-CA-83

Appellee :

: Trial Court Case Nos. 25-CR-119; 25-v. : CR-121; 25-CR-260

:

RAYMOND SCOTT : (Criminal Appeal from Common Pleas

: Court)

Appellant :

: FINAL JUDGMENT ENTRY &

OPINION

Pursuant to the opinion of this court rendered on August 21, 2026, the judgments of

the trial court are affirmed.

Costs to be paid as stated in App.R. 24.

Pursuant to Ohio App.R. 30(A), the clerk of the court of appeals shall immediately

send a copy of the court’s ruling to each party and note that action on the docket.

Additionally, pursuant to App.R. 27, the clerk of the court of appeals shall send a certified

copy of this judgment, which constitutes a mandate, to the clerk of the trial court and note

the service on the appellate docket.

For the court,

MICHAEL L. TUCKER, JUDGE

LEWIS, P.J., and HANSEMAN, J., concur.

OPINION

CLARK C.A. No. 2025-CA-83

STEVEN H. ECKSTEIN, Attorney for Appellant

JOHN M. LINTZ, Attorney for Appellee

TUCKER, J.

{¶ 1} Raymond Scott appeals from his conviction in three cases following a

negotiated guilty plea to charges of aggravated murder, kidnapping, and domestic violence.

{¶ 2} Scott claims ineffective assistance of counsel invalidated his plea. He asserts

that it was not knowingly, intelligently, and voluntarily entered, because his attorney failed to

consult with him or file any motions.

{¶ 3} Finding no support in the record for Scott’s ineffective-assistance allegations,

we affirm the trial court’s judgment in each of the three cases.

I. Background

{¶ 4} Grand juries indicted Scott on numerous charges in six cases, including the

three at issue in this appeal, Clark C.P. Nos. 25-CR-119, 25-CR-121, and 25-CR-260. The

trial court appointed a public defender for him in the first two cases. He subsequently

retained an attorney, who was substituted for appointed counsel. The same retained counsel

also entered an appearance in the third case. Retained counsel later moved to withdraw

from representation, citing a disagreement with Scott regarding his defense. The trial court

sustained the motion and reappointed the original public defender to represent Scott in the

three cases. Scott ultimately pleaded guilty to kidnapping in Case No. 25-CR-119, domestic

violence in Case No. 25-CR-121, and aggravated murder in Case No. 25-CR-260. In

exchange, the State agreed to dismiss all other counts in those cases. It also agreed to

dismiss three other cases. The parties additionally agreed to an aggregate prison term of

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31.5 years to life, as well as Scott’s designation as a Tier III sex offender and his inclusion

in the violent-offender database. The trial court accepted Scott’s plea, entered a finding of

guilt, and sentenced him consistently with the agreed terms. This appeal followed.

II. Analysis

{¶ 5} Scott’s sole assignment of error states:

THE PLEA OF GUILTY WAS NOT KNOWINGLY, VOLUNTARILY, AND

INTELLIGENTLY ENTERED AS THE DEFENDANT-APPELLANT FAILED TO

RECEIVE THE EFFECTIVE ASSISTANCE OF TRIAL COUNSEL.

{¶ 6} Scott challenges the validity of his plea under Crim.R. 11. He correctly

recognizes that a guilty plea waives ineffective assistance of counsel unless an attorney’s

deficient performance impaired the knowing, intelligent, and voluntary nature of a plea. State

v. Davis, 2026-Ohio-52, ¶ 11 (2d Dist.). Scott argues that his reappointed public defender

provided ineffective assistance and invalidated his guilty plea by “fail[ing] to consult” with

him or “file any pretrial motions.”

{¶ 7} We review alleged instances of ineffective assistance of counsel under the twopart analysis found in Strickland v. Washington, 466 U.S. 668 (1984), which the Ohio

Supreme Court adopted in State v. Bradley, 42 Ohio St.3d 136 (1989). To prevail on an

ineffective-assistance claim, a defendant must show that trial counsel rendered deficient

performance and that the deficient performance prejudiced the defense. Strickland at 687;

Bradley at paragraph two of the syllabus.

{¶ 8} We see no ineffective assistance here. Regarding a lack of consultation, Scott

cannot establish deficient performance because the record does not reveal the nature or

extent of counsel’s consultation with him. Moreover, his bare allegation of a “fail[ure] to

consult” does not identify anything his attorney failed to do or say that prejudiced him and

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affected the validity of his plea. During the plea hearing, Scott told the trial court that he was

satisfied with counsel’s representation and that he had been given sufficient time to speak

with counsel.

{¶ 9} As for failing to file motions, Scott does not identify a specific motion or attempt

to show how an omitted motion prejudiced him or affected the validity of his plea. An

appellant “cannot establish deficient performance simply by making a blanket assertion that

counsel failed to file unspecified motions.” In re A.W., 2025-Ohio-5657, ¶ 91 (2d Dist.). On

the record before us, we see no indication that ineffective assistance of counsel invalidated

Scott’s guilty plea. Accordingly, his assignment of error is overruled.

III. Conclusion

{¶ 10} The judgments of the Clark County Common Pleas Court are affirmed in Case

Nos. 25-CR-119, 25-CR-121, and 25-CR-260.

LEWIS, P.J., and HANSEMAN, J., concur.

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