2021 Ohio 57
Ohio Ct. App.2021Background:
- March 5, 2016 traffic stop led trooper to find heroin and cocaine in Bateman's vehicle.
- January 8, 2018 five-count indictment for drug offenses and tampering with evidence; arrest warrant issued February 7, 2018; Bateman arrested August 8, 2018.
- Bateman pleaded not guilty September 11, 2018; missed a December pretrial, court set a bond and a new pretrial for May 7, 2019; Bateman arrested April 24, 2019.
- Trial was calendared for July 29, 2019; Bateman moved July 26 to dismiss for speedy-trial violations; jury selection began but failed (no alternate juror), and the court orally denied the speedy-trial motion.
- Parties reached a plea agreement; on August 29, 2019 Bateman pled guilty to tampering with evidence with a recommended 24-month sentence; court advised his plea would waive pending motions; plea was accepted as knowing and voluntary.
- Bateman appealed asserting ineffective assistance (failure to renew speedy-trial motion); other issues were waived; appellate court affirmed, holding the plea waived the challenge.
Issues:
| Issue | State's Argument | Bateman's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for failing to renew a motion to dismiss for speedy-trial violation | Bateman waived speedy-trial claims by pleading guilty; plea produced a significantly lower sentence, so counsel's performance was not deficient | Counsel failed to preserve speedy-trial claim; but for the failure the outcome would differ | Court: plea knowingly and voluntarily waived speedy-trial and related ineffective-assistance claims; assignment of error overruled |
| Whether a guilty plea extinguishes a statutory speedy-trial challenge and related ineffective-assistance claim | A voluntary, knowing guilty plea waives nonjurisdictional defects, including statutory speedy-trial claims and ineffective-assistance claims that do not render the plea involuntary | Bateman did not contend his plea was involuntary; argues counsel's failure to pursue speedy-trial claim was prejudicial | Court: plea waiver applies; because plea was knowing and voluntary, the claims are waived |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-part ineffective-assistance standard)
- Menna v. New York, 423 U.S. 61 (guilty plea renders certain constitutional claims irrelevant)
- State v. Fitzpatrick, 102 Ohio St.3d 321 (plea waives nonjurisdictional defects not inconsistent with factual guilt)
- State v. Ketterer, 111 Ohio St.3d 70 (voluntary guilty plea waives various post-plea claims)
- Montpelier v. Greeno, 25 Ohio St.3d 170 (guilty plea waives statutory speedy-trial claims)
- State v. Kelley, 57 Ohio St.3d 127 (acknowledges waiver effect of guilty plea on certain claims)
- Barnett v. [unnamed], 73 Ohio App.3d 244 (counsel's failure to raise speedy-trial issue does not make plea involuntary)