State v. Brown
2016 Ohio 1066
Ohio Ct. App.2016Background
- Defendant Jess R. Brown had a long history of OVI convictions; in 2006 he pleaded guilty to multiple counts after his 20th OVI-related incident and was sentenced to prison.
- Brown pursued multiple post-judgment motions: an initial pro se motion to withdraw plea at sentencing (denied), then a motion to vacate/post-release control, and multiple successive motions to withdraw his guilty plea.
- This appeal is Brown’s fourth appearance on these matters; two prior direct appeals resulted in affirmances by the Ninth District.
- In 2014 Brown moved to withdraw his plea arguing ineffective assistance and that his speedy-trial time had expired; the trial court denied the motion and Brown did not appeal.
- In 2015 Brown filed another motion making the same ineffective assistance/speedy-trial arguments; the trial court denied it and Brown appealed.
- The Ninth District affirmed, holding the trial court lacked jurisdiction to grant a motion that would reopen a judgment already affirmed on appeal and that Brown’s claims were barred by res judicata.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying Brown’s post-sentence motion to withdraw his guilty plea without merits review | Brown: court deprived him of fair process and failed to adjudicate merits of his motion | State: trial court properly denied the motion because it lacked jurisdiction and the claims were barred | Court: Affirmed — trial court lacked jurisdiction to vacate an affirmed judgment and thus properly denied the motion |
| Whether the trial court was required to hold an evidentiary hearing on Brown’s motion to withdraw plea | Brown: court abused discretion by denying a hearing on factual affidavit alleging manifest injustice | State: no hearing required because jurisdictional/res judicata bars precluded merits consideration | Court: Affirmed — no hearing required where court lacked jurisdiction and claims barred by res judicata |
Key Cases Cited
- State ex rel. Special Prosecutors v. Judges, Court of Common Pleas, 55 Ohio St.2d 94 (1978) (trial court lacks power to vacate a judgment previously affirmed on appeal)
- State v. Ketterer, 126 Ohio St.3d 448 (2010) (rule 32.1 does not permit trial courts to undo judgments already affirmed; res judicata bars reassertion of claims that were or could have been raised on direct appeal)