State v. Blankenship, 2021 Ohio 3612

Aug. 14, 2019: Steven Blankenship confronted neighbor Thomas Jones while Jones was mowing for elderly neighbor Carole Crow; altercation included a missed punch, a knife threat, and Blankenship taking Crow’s revolver after forcibly grabbing her wrists.
Indicted on robbery and domestic violence (victim: Crow), theft of a firearm (later dismissed), and misdemeanor assault (victim: Jones).
On Dec. 19, 2019 Blankenship pled guilty to robbery, assault, and domestic violence after a full Crim.R.11 colloquy; competent counsel represented him; theft count dismissed.
Pre-sentence investigation ordered; before sentencing Crow died. On Jan. 21, 2020 Blankenship moved to withdraw his guilty pleas as to the counts involving Crow, asserting a consequential lack of evidence.
May 29, 2020: Blankenship waived presence at the hearing; parties agreed briefing would substitute for live evidence and the State conceded trial would be difficult without Crow. Trial court denied the motion on Oct. 21, 2020; Blankenship appealed.

Issue	State's Argument	Blankenship's Argument	Held
Whether the trial court abused its discretion in denying a pre‑sentence motion to withdraw Blankenship’s guilty pleas to robbery and domestic violence.	Denial proper: applying the Fish nine‑factor test, most factors weigh against withdrawal (competent counsel, valid Crim.R.11 colloquy, full consideration, change of heart/no claim of innocence) and the State would be prejudiced because the sole witness died.	Pre‑sentence withdrawal should be "freely and liberally granted"; Crow’s death left a lack of evidence; claimed he was not given a full hearing (he waived presence).	No abuse of discretion. The court balanced the Fish factors, found prejudice to the State and other factors against withdrawal, and affirmed the denial of the motion.

State v. Xie, 62 Ohio St.3d 521 (Ohio 1992) (pre‑sentence plea‑withdrawal standard: should be freely and liberally granted, but trial court retains discretion)
Ojalvo v. Bd. of Trustees of Ohio State Univ., 12 Ohio St.3d 230 (Ohio 1984) (defines abuse of discretion as arbitrary, unreasonable, or unconscionable)
Pons v. Ohio State Med. Bd., 66 Ohio St.3d 619 (Ohio 1993) (appellate courts must not substitute their judgment when reviewing for abuse of discretion)
State v. Fish, 104 Ohio App.3d 236 (1st Dist. 1995) (adopted the nine‑factor test for evaluating pre‑sentence plea‑withdrawal motions)
State v. Sims, 99 N.E.3d 1056 (1st Dist. 2017) (Fish cited/considered; noted Fish was overruled on other grounds)
State v. Rozell, 111 N.E.3d 861 (2d Dist. 2018) (death of the only witness can prejudice the State and weigh against allowing plea withdrawal)