State v. Banks
2013 Ohio 2116
Ohio Ct. App.2013Background
- Banks was indicted in two Montgomery County cases: 2010 CR 1284 (Burglary, Obstructing Official Business, Possession of Criminal Tools) and 2010 CR 2935/1 (Burglary, Receiving Stolen Property, Possession of Criminal Tools; Escape was dismissed).
- The trial court found Banks competent to stand trial on March 31, 2011.
- Banks pled guilty in 2010 CR 1284 to Burglary, Obstructing Official Business, and Possession of Criminal Tools; in 2010 CR 2935/1 to Burglary, Receiving Stolen Property, and Possession of Criminal Tools.
- The sentences were eight years in each case, to run concurrently, for a total eight-year term; Banks did not directly appeal.
- Banks filed November 28, 2011 a Crim.R. 32.1 motion to withdraw his guilty plea or, alternatively, a post-conviction relief petition under R.C. 2953.21, asserting ineffective assistance of counsel.
- The trial court overruled the motions on April 2, 2012; Banks appealed pro se.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly denied Crim.R. 32.1 withdrawal of plea | Banks contends counsel was ineffective, warranting withdrawal to correct manifest injustice. | Banks argues ineffective assistance affected knowing, voluntary plea. | No error; record insufficient; post-conviction route required for outside-record claims. |
| Whether post-conviction relief was warranted | Banks claims a due-process/ineffective-assistance violation entitles relief. | No evidentiary support for ineffectiveness; transcripts missing; no hearing warranted. | No error; insufficient evidentiary documentation; no entitlement to relief. |
| Whether failure to provide a transcript of the plea hearing invalidates proceedings | Banks’ claims rely on unavailable record, suggesting injustice. | Record-less claims cannot overcome presumption of validity; transcript is the appellant’s duty to provide. | Presumption of validity preserved; lack of transcript supports affirmance. |
Key Cases Cited
- State v. Laster, 2003-Ohio-1564 (2d Dist. Montgomery No. 19387 (2003)) (ineffective-assistance claims require record support; post-conviction route for outside-record claims)
- State v. Calhoun, 86 Ohio St.3d 279 (1999) (affidavits in post-conviction relief evaluated for entitlement to hearing; courts defer to credibility yet require operative facts)
- State v. Kapper, 5 Ohio St.3d 36 (1983) (burden on petitioner to demonstrate lack of competent counsel and prejudice)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (1980) (transcript omission requires presumption of trial court validity)
- State v. Reed, 2001 WL 1173329 (2d Dist. Clark No. 01CA0028) (manifest injustice standard for post-sentence withdrawal)
- State v. Dalton, 2003-Ohio-3813 (10th Dist.) (ineffective assistance can support post-sentence withdrawal when it affects knowing and voluntary plea)