Garfield Hts. v. Marbury
2016 Ohio 7960
Ohio Ct. App.2016Background
- Maurice Marbury was arrested for misdemeanor domestic violence after the victim reported choking and officers observed red marks on her neck.
- Marbury was arraigned, pleaded not guilty, and remained jailed three weeks due to a separate probation hold; he later asked to plead no contest to obtain immediate release.
- At a pretrial, despite counsel’s advice to go to trial, Marbury insisted on a no contest plea; the court accepted the plea and sentenced him to 180 days with 150 days suspended, suspended fines/costs, and probation with a no-contact order.
- Marbury later filed a motion to withdraw the no contest plea; a hearing was scheduled but he failed to appear and the court denied the motion.
- Marbury appealed raising four assignments of error: (1) denial of allocution/R.C. 2937.07 violation, (2) denial of access to counsel, (3) ineffective assistance of counsel, and (4) erroneous denial of motion to withdraw plea.
Issues
| Issue | Plaintiff's Argument (Garfield Heights) | Defendant's Argument (Marbury) | Held |
|---|---|---|---|
| Allocution / R.C. 2937.07 and Crim.R. 32(A) | Court complied: it heard victim, prosecutor, and Marbury’s statements before journalizing guilt | Court violated right to allocution and R.C. 2937.07 by not allowing Marbury to explain before adjudication/sentencing | Court found Marbury had ample opportunity to explain facts and to make a statement in mitigation; no violation |
| Access to counsel | Marbury had opportunity to consult counsel; court adjourned to permit further discussion | He lacked meaningful access because counsel consulted him moments before pretrial | Court held Marbury had adequate opportunity to consult counsel and was not rushed |
| Ineffective assistance of counsel | Counsel advocated trial and advised against plea; no deficient performance | Counsel was ineffective and caused an involuntary/unknowing plea | Court held claim waived by plea; no deficient performance shown and Marbury pleaded against counsel’s advice |
| Motion to withdraw plea (Crim.R. 32.1) | Motion properly denied because Marbury failed to appear at scheduled hearing and gave no reasonable/legitimate reason | Plea should be withdrawn due to inadequate representation and coercion to get out of jail | Court denied motion: Marbury offered no legitimate reason and failed to appear; plea not withdrawn |
Key Cases Cited
- Green v. United States, 365 U.S. 301 (1961) (allocution requires the court to personally ask the defendant if he wishes to speak for sentencing)
- State v. Spates, 64 Ohio St.3d 269 (1992) (Ineffective-assistance claims generally waived by guilty/no-contest plea except when counsel’s performance rendered plea unknowing or involuntary)
- State v. Xie, 62 Ohio St.3d 521 (1992) (standard for prejudice when challenging a plea: reasonable probability defendant would have insisted on trial but for counsel’s errors)