State v. Ables
2012 Ohio 3377
Ohio Ct. App.2012Background
- Ables pled guilty on Oct 6, 2009 to three counts of passing bad checks, all first-degree misdemeanors, and was sentenced accordingly.
- In May 2011, Ables requested copies of the checks from the Circleville Clerk of Courts; none were in his file.
- On Oct 17, 2011 Ables filed a Crim.R. 32.1 motion asserting innocence and ineffective assistance of counsel, supported by exhibits and an affidavit.
- The trial court denied the Crim.R. 32.1 motion on Oct 27, 2011.
- Ables appeals without traditional assignments of error; the court infers an assigned issue challenging the postsentence denial of Crim.R. 32.1 relief.
- The Fourth District ultimately holds Crim.R. 32.1 is not the proper vehicle for IAC claims and that res judicata bars his remaining Crim.R. 32.1 arguments, affirming the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Crim.R. 32.1 is proper for postsentence IAC claims | Ables contends 32.1 covers IAC raised via outside-record matters | State contends 32.1 is improper for IAC claims outside the record | Crim.R. 32.1 is not proper for IAC claim |
| Whether res judicata bars Ables’s remaining Crim.R. 32.1 arguments | Ables argues new evidence shows innocence and warrants relief | State argues the evidence was available in 2009 and could have been raised on direct appeal | Res judicata bars remaining Crim.R. 32.1 arguments |
Key Cases Cited
- State v. Nickelson, 4th Dist. No. 10CA21, 2011-Ohio-1352 (2011) (standard for withdrawal of plea under Crim.R. 32.1)
- State v. Xie, 62 Ohio St.3d 521, 584 N.E.2d 715 (1992) (Ohio Supreme Court 1992) (guides standard for evaluating Crim.R. 32.1 motions)
- State v. Boswell, 121 Ohio St.3d 575, 2009-Ohio-1577 (Ohio 2009) (manifest injustice requirement for Crim.R. 32.1 relief; timing)
- State v. Caraballo, 17 Ohio St.3d 66, 477 N.E.2d 627 (1985) (Ohio 1985) (historical basis for Crim.R. 32.1 limitations)
- State v. Current, 2d Dist. No. 2010 CA 31, 2012-Ohio-1851 (2012) (manifest-injustice standard for postconviction relief)
- State v. Moore, 4th Dist. No. 10CA3349, 2011-Ohio-6923 (2011) (distinguishes grounds for postconviction relief from Crim.R. 32.1)
- State v. LaPlante, 4th Dist. No. 11CA3215, 2011-Ohio-6675 (2011) (application of res judicata to Crim.R. 32.1)
- Whitaker, 4th Dist. No. 10CA3349, 2011-Ohio-6923 (2011) (addressing outside-record claims; proper forum for postconviction relief)