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State v. Bateman
2013 Ohio 4235
Ohio Ct. App.
2013
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Background

  • Bateman was convicted after pleading guilty to one count of possession of cocaine, a felony of the fifth degree, and sentenced to eight months.
  • On October 1, 2010, Springfield police stopped Bateman’s vehicle and found a baggy of cocaine; his cell phone, found in the vehicle, tested positive for cocaine.
  • An initial indictment was dismissed and Bateman was subsequently indicted again on September 26, 2011 for the same offense.
  • Bateman waived trial and pled guilty after the reindictment.
  • At sentencing, Bateman moved to withdraw his guilty plea, arguing inadequate representation and a need to hire his own attorney; the court denied the motion as untimely and insufficient to show a knowing and voluntary plea.
  • On appeal Bateman argues ineffective assistance for failure to argue speedy trial and that the guilty plea should have been withdrawn

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether counsel’s failure to pursue speedy-trial grounds constitutes ineffective assistance. Bateman (State v. Barnett cited) Bateman claims counsel failed to pursue timely speedy-trial rights, prejudicing him No reversible error; plea waiver and record support effective representation.
Whether the pre-sentencing withdrawal of a guilty plea was improperly denied. State maintains plea withdrawal was untimely and insufficient grounds. Bateman contends he lacked competent representation and had legitimate reasons to withdraw. No abuse of discretion; court properly denied withdrawal, findings supported.

Key Cases Cited

  • State v. Barnett, 73 Ohio App.3d 244 (2d Dist. 1991) (plea withdrawal and ineffective assistance considerations; speedy-trial issues waived by guilty plea unless plea not knowing/voluntary)
  • State v. Miller, 2011-Ohio-928 (8th Dist. 2011) (guilty plea waives certain ineffective-assistance claims; statutory speedy-trial issues tied to withdrawal rights)
  • State v. Johnson, No. 61904 (1993) (speedy-trial issues and plea-related waivers in Cuyahoga appellate context)
  • State v. Mayle, 2008-Ohio-286 (5th Dist. 2008) (cites limitations on withdrawing pleas and impact on trial rights)
  • State v. Xie, 62 Ohio St.3d 521 (1992) (pre-sentencing motion to withdraw standard; manifest injustice standard separates)
Read the full case

Case Details

Case Name: State v. Bateman
Court Name: Ohio Court of Appeals
Date Published: Sep 27, 2013
Citation: 2013 Ohio 4235
Docket Number: 2012 CA 29
Court Abbreviation: Ohio Ct. App.