City of Cleveland Heights v. Roland, 968 N.E.2d 564

Roland charged with domestic violence in 2000; pleadings and trial status unclear due to conflicting records (not guilty plea vs no contest; bench/ jury status unknown).
DV disposition form (Mar. 12, 2001) indicates not guilty and guilty, with jail and probation terms; electronic docket shows NC and guilty.
No record of jury waiver or definitive trial record; inconsistencies in docket and forms.
Roland sought to vacate no-contest plea in 2008 and 2010 under Crim.R. 32.1 and R.C. 2943.031, alleging lack of immigration advisement.
Court denied motions; appellate review focused on whether R.C. 2943.031 advisements were provided and whether prejudice existed.
Court reversed and remanded due to incomplete record and failure to determine if deportation advisement was provided to a noncitizen defendant.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether advisement under R.C. 2943.031 was required and provided.	Roland; noncitizen, advisement not given.	City; record shows plea was not a no-contest plea or proper advisement not necessary.	Advisement required; lack of record shows no advisement.
Whether the record supports Roland’s claim of a no-contest plea and deportation risk.	Roland entered no contest; conflicting proceedings.	Record shows possible not guilty plea; insufficient prejudice shown.	Inconsistencies necessitate reversal for lack of a clear record.
Whether absence of a transcript/record defeats proper application of R.C. 2943.031.	Incomplete record prevents determining advisement.	Record supports presumptions of improper advisement.	Record incomplete; presumption of no advisement applies.

State v. Muller, 134 Ohio App.3d 737 (8th Dist.1999) (deportation consequences of noncitizen plea)
State v. Brooke, 113 Ohio St.3d 199 (2007-Ohio-1533) (prima facie inquiry into uncounseled prior conviction; burden shifting)
State v. Brandon, 45 Ohio St.3d 85 (1989) (presumption of regularity in prior proceedings; burden shift)