State v. Bush
2016 Ohio 5536
Ohio Ct. App.2016Background
- Ariel Bush pleaded guilty in consolidated Clark County cases to multiple offenses (misdemeanor assault, domestic violence, possession of cocaine, and violating protection orders) pursuant to a plea agreement that dismissed several counts.
- After failing to appear for sentencing, Bush was arrested months later and returned from Maryland for sentencing.
- At sentencing Bush, through counsel, sought to discharge counsel and have counsel pursue a motion to withdraw guilty pleas in several cases; the court denied the request before Bush could testify or present evidence.
- Bush attempted to explain at sentencing that a victim had recanted and that he had documents and other evidence supporting withdrawal, but was not permitted to present sworn testimony, witnesses, or documentary proof.
- The trial court overruled the motion and imposed consecutive prison terms totaling six years; Bush appealed solely arguing the court abused its discretion by denying a hearing on his pre-sentence motion to withdraw his plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court was required to hold a hearing on Bush’s pre-sentence motion to withdraw his guilty plea | The State: a hearing occurred when Bush spoke at sentencing, so no separate hearing was required | Bush: he was entitled to an evidentiary hearing with sworn testimony and opportunity to present documents/witnesses to show a legitimate basis for withdrawal | Reversed: trial court abused its discretion by denying a proper hearing; remanded for an evidentiary hearing before sentencing is finalized |
Key Cases Cited
- State v. Fish, 104 Ohio App.3d 236 (1st Dist.) (sets out nine-factor test for pre-sentence plea-withdrawal motions)
- State v. Xie, 62 Ohio St.3d 521 (standard: withdrawal requires a reasonable and legitimate basis beyond change of heart)
- Fuentes v. Shevin, 407 U.S. 67 (due process requires meaningful notice and opportunity to be heard)
- Huffman v. Hair Surgeon, Inc., 19 Ohio St.3d 83 (definition of abuse of discretion)
- AAAA Enterprises, Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157 (decision is unreasonable if unsupported by sound reasoning)