Case Summaries: Criminal - Domestic Violence Guilty Pleas
Guilty Plea Not Vacated Despite Court Misinforming Defendant About Length of Post-release Control
The court of appeals refused to vacate defendants guilty plea to attempted robbery, domestic violence, and failing to comply with a police officers order even though the trial court had incorrectly stated that defendant would be subject to three;years of post-release control when the actual duration of defendants post-release control was five;years. While the failure to mention post-release control is reversible error, incorrectly stating the duration of post-release control does not require reversal. Moreover, it is only at the sentencing hearing that the court must inform the defendant of the maximum duration of post-release control. State v. Jones, 2008-Ohio-802 (8th App. Dist., Cuyahoga, 2/28/08).
Keywords: "judicial notification" parole colloquy
Date: 6/3/2008
Guilty Plea Not Vacated Despite Court Misinforming Defendant About Length of Post-release Control
The court of appeals refused to vacate defendants guilty plea to attempted robbery, domestic violence, and failing to comply with a police officers order even though the trial court had incorrectly stated that defendant would be subject to three;years of post-release control when the actual duration of defendants post-release control was five;years. While the failure to mention post-release control is reversible error, incorrectly stating the duration of post-release control does not require reversal. Moreover, it is only at the sentencing hearing that the court must inform the defendant of the maximum duration of post-release control. State v. Jones, 2008-Ohio-802 (8th App. Dist., Cuyahoga, 2/28/08).
Keywords: due process penalties
Date: 3/27/2008
Prior Uncounseled No Contest Plea To DV Justifies Sentencing Enhancement
The trial court properly enhanced defendants domestic violence conviction from a misdemeanor to a felony based on defendants prior uncounseled no contest plea to domestic violence. Prior to his no contest plea, the defendant signed a "statement of rights" form indicating that he knowingly, voluntarily, and intelligently entered a no contest and waived his right to counsel. State of Ohio v. Vales, Case No. 75653 (Cuyahoga 2/24/00).
Keywords: guilty plea
Date: 4/23/2002
Standard For Juveniles The Same As For Adults
An admission in a juvenile proceeding is generally analogous to a guilty plea made by an adult, and requires that the trial court determine both that the plea is made voluntarily with understanding of the allegations and consequences and that the juvenile is aware that she is waiving her right to challenge witnesses and present evidence. This issue cannot be appealed if there was no attempt to withdraw the plea at the trial court. In re Bice, Case No. CA2001-01-008, 2001 Ohio App. LEXIS 5228 (Clermont 11/26/01).
Keywords: guilty plea
Date: 4/17/2002
Denial of Motion To Withdraw Guilty Plea Not Abuse of Discretion
Because the defendant failed to show that prevention of a manifest injustice was required as to the request to withdraw his guilty plea, the trial court did not abuse its discretion in denying the motion to withdraw. State v. Justice, Case No. 01-2, 01-11, 01-13, 2001 Ohio App. LEXIS 4008 (Fairfield 8/30/01).
Keywords:
Date: 4/17/2002
Attorneys Misrepresentation of Punishment Insufficient To Withdraw Guilty Plea
Defendant failed to show that withdrawal of the plea was necessary to correct a manifest injustice when he claimed that his attorney had told him he would get no jail time if he pled guilty. However, he was made aware of the possible sentences numerous times by the court, and he acknowledged that no promises or threats induced his plea. State v. Smith, Case No. 2000-P-0101, 2001 Ohio App. LEXIS 3807 (Portage 8/24/01).
Keywords:
Date: 4/17/2002
Defendant Allowed To Withdraw Guilty Plea
Court of appeals reverses domestic violence conviction based on defendants plea of no contest because: (1) the trial court failed to advise defendant of the immigration consequences of his no contest plea as required under R.C. 2943.301; and (2) defendant was denied the assistance of an interpreter or given an explanation of his rights in a language he could understand. City of Euclid v. Muller, Case No. 74541 (Cuyahoga 9/2/99).
Keywords:
Date: 4/17/2002
Conviction Based On Guilty Plea Reversed
Court of appeals overturned conviction based on defendants guilty plea because the trial court did not ensure that defendant knowingly and voluntarily waived his right to counsel. While the trial court adequately explained the right to counsel through the "Rights Tape" and the "Rights Form," there was no indication in the record that defendant knowingly and voluntarily waived his right to counsel. The record must affirmatively demonstrate that any waiver was both intelligent and voluntary. State of Ohio v. Timmons, Case No. 98CA38 (Pickaway 9/27/99).
Keywords:
Date: 4/17/2002
Claim of Being Misled As To Sentence Not Enough To Withdraw Guilty Plea
Defendant claims that he was misled as to the sentence he would receive, and therefore argues that his plea was involuntary. However, substantial compliance with Crim. R. 11(C) requires only that the trial court engage the defendant on the record in a reasonably intelligible dialogue as to his rights, which was done in this case. State v. Davis, Case No. 79191, 2001 Ohio App. LEXIS 5088 (Cuyahoga 11/15/01).
Keywords:
Date: 4/17/2002
