Failed to properly research, investigate and prepare for Trial, as evidenced by late disclosure of the Greenhalgh Report. Matt had been in prison for 2 years before he heard of, or had sight of the Report
List of witnesses never contacted.
Failed to find any readily available evidence, or witnesses.
Never checked with BCI for fingerprint evidence or reports, etc.
Two witnesses were not called to give evidence, as a result of not knowing what the Prosecutor may have suggested to the witnesses.
Failure to object to repeated incidents of Prosecutorial misconduct.
Counsel failed to make objections; it was their duty to raise objections and request curative instructions or misTrial. At the least, the errors would have been properly preserved for appellate review and on appeal the errors would have been reviewed under harmless error standard rather than under the plain error standard.
Counsel failed to object to erroneous Jury instruction, the Court instructed Jury on essential elements of Aggravated Murder and upon motion of the Prosecutor the essential elements of the lesser included offense of murder. However, Trial Court gave an “acquittal first”. This was clearly erroneous and violative of Petitioners due process rights. This acquittal first instruction required the Jury find the petitioner not guilty of aggravated murder before processing to consider the lesser included offense of murder. This instruction deemed improper in Ohio since 1988.
Counsel had a duty to be armed with relevant law and facts, ensuring the Jury properly instructed, they should have raised an objection to improper instructions and by failing to object to the above paragraph, the Court administered coercive Jury instruction that could have affected the outcome of this entirely circumstantial case. It prejudiced Matt and failed to make adversarial process work at Trial, rendering the proceedings unfair and the outcome therefore inherently unreliable.