State v. Segines

Melody J. Stewart, Judge.

{¶ 1} Pursuant to App.R. 26(B), we have reopened the appeal of defendant-appellant, Richard Segines, in light of a demonstrated case of ineffective assistance of appellate counsel that occurred when counsel neglected to raise an issue under State v. Colon, 118 Ohio St.3d 26, 2008-Ohio-1624, 885 N.E.2d 917, challenging the state’s failure to include a mens rea element in an indictment charging aggravated robbery under R.C. 2911.01(A)(3). Segines now argues that the predicate murder count is necessarily affected by the defect in the indictment because the jury could…