STATE v. LENTZ

No. 92-2400.

70 Ohio St.3d 527 (1994)

THE STATE OF OHIO, APPELLANT, v. LENTZ, APPELLEE.

Supreme Court of Ohio.

Decided October 12, 1994.


Attorney(s) appearing for the Case

Dennis Watkins, Trumbull County Prosecuting Attorney, and Patrick F. McCarthy, Assistant Prosecuting Attorney, for appellant.

J. Dean Carro and C. Michael Walsh, for appellee.

Beverly J. Pyle and Margaret O. Isquick, urging affirmance for amicus curiae, Cuyahoga County Public Defender.


PFEIFER, J.

We hold that when a criminal defendant is represented by two different attorneys from the same public defender's office at trial and on direct appeal, res judicata bars a claim of ineffective assistance of trial counsel raised for the first time in a petition for postconviction relief when such claim could have been made on direct appeal without resort to evidence beyond the record, unless the defendant proves that an actual conflict of interest...

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