2022 Ohio 893
Ohio Ct. App.2022Background:
- Deputies entered an apartment to serve a warrant; Brown fled through a bedroom window, discarded suspected drugs while running, was tasered and arrested.
- Brown was indicted on five felonies (including aggravated trafficking and aggravated possession); he pled not guilty, later entered a plea agreement pleading guilty to tampering with evidence (felony 3), amended possession of heroin (felony 3), and possession of cocaine (felony 5); two counts were dismissed.
- A presentence investigation was ordered; sentencing was delayed by COVID-19. Brown’s first retained counsel later withdrew; a second retained counsel entered appearance and eventually filed a pre-sentence motion to withdraw the guilty plea.
- At the withdrawal hearing Brown (the sole witness) claimed his first attorney told him the case was unwinnable and that he hadn’t received or reviewed full discovery before pleading; he said he would not have pled had he seen discovery earlier.
- The trial court denied the motion to withdraw; Brown was sentenced to consecutive prison terms totaling seven years (with jail-time credit). Brown appealed, alleging ineffective assistance by both his original and second trial counsel.
Issues:
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Brown) | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying Brown’s pre-sentence motion to withdraw his guilty plea based on ineffective assistance by his initial counsel | The plea was knowing, voluntary, and counsel’s performance was not deficient; discovery had been provided before the plea and Brown affirmed satisfaction on the record | Counsel was ineffective for failing to provide/allow review of discovery before Brown pled, coercing or misadvising him into pleading | Denied. Court found plea was knowing and voluntary, Brown had affirmed satisfaction with counsel, no specific evidence of what discovery would have changed his decision, and no Strickland prejudice shown |
| Whether Brown’s second retained counsel provided ineffective assistance at the withdrawal hearing | Second counsel had access to discovery, filed and argued the motion reasonably; no deficient performance or prejudice shown | Second counsel undermined the motion (e.g., failed to subpoena initial counsel, called initial counsel a “Super Lawyer”), prejudicing Brown’s claim | Denied. Court held second counsel was not shown to be ineffective; Brown failed to prove deficient performance or prejudice under Strickland |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- Hill v. Lockhart, 474 U.S. 52 (1985) (prejudice standard applied to guilty-plea context)
- Xie v. Ohio, 62 Ohio St.3d 521 (1992) (trial court discretion on pre-sentence plea withdrawals)
- State v. Carabello, 17 Ohio St.3d 66 (1985) (appellate review of motion-to-withdraw guilty plea is abuse-of-discretion)
- State v. Kole, 92 Ohio St.3d 303 (2001) (Ohio articulation of ineffective-assistance elements)