State v. Anderson
2013 Ohio 4426
Ohio Ct. App.2013Background
- Timothy R. Anderson was indicted (2008) on aggravated robbery and two counts of felonious assault with firearm specifications related to a school robbery; he pled guilty, later withdrew the plea, proceeded to trial, was convicted, and sentenced to 16 years plus restitution.
- This court affirmed his convictions on direct appeal in 2010.
- Anderson filed a pro se petition for postconviction relief on November 16, 2012, claiming trial counsel gave constitutionally deficient advice that caused him to withdraw a plea and obtain a harsher sentence.
- The petition was filed over two and a half years after the postconviction filing deadline (the trial transcript was filed July 17, 2009; the statutory deadline was January 13, 2010).
- The trial court dismissed the petition as untimely under R.C. 2953.21(A)(2) and 2953.23 because Anderson did not show he was unavoidably prevented from discovering the facts or that a new, retroactive right applied.
- Anderson relied on Lafler v. Cooper and Missouri v. Frye but conceded untimeliness and argued those cases demonstrated ineffective assistance during plea negotiations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an untimely postconviction petition may proceed when based on counsel's plea-advice misconduct | State: Petition untimely; court lacks jurisdiction absent statutory exception | Anderson: Counsel’s bad advice during plea bargaining (a breach of contract/ineffective assistance) and recent Supreme Court decisions justify delaying the filing | Petition dismissed as untimely; Anderson failed to meet R.C. 2953.23 exceptions (no showing of unavoidable prevention or new retroactive right) |
Key Cases Cited
- Lafler v. Cooper, 566 U.S. 156 (2012) (Sixth Amendment claim where deficient counsel advice during plea negotiations can cause rejection of a plea and a longer sentence)
- Missouri v. Frye, 566 U.S. 134 (2012) (Sixth Amendment violation where defendant was not informed of plea offer and suffered prejudice)
- Padilla v. Kentucky, 559 U.S. 356 (2010) (counsel must inform client of certain collateral immigration consequences of a guilty plea)
- State v. Gondor, 112 Ohio St.3d 377 (2006) (postconviction relief standards; appellate review of postconviction decisions)