State v. Butcher
2013 Ohio 3081
Ohio Ct. App.2013Background
- Butcher was indicted on two counts of rape; pled guilty to one count under R.C. 2907.02(A)(1)(c), the second count merging.
- Crim.R. 11 colloquy occurred at the August 23, 2012 plea hearing, with the court informing him of Tier III status and lifetime registration.
- Court advised that Tier III classification requires 90-day lifetime reporting to the sheriff where he resides.
- Butcher asked if the plea would change, and he responded that it would not.
- Sentencing on October 3, 2012 imposed a ten-year mandatory term, no-contact order, costs, and Tier III designation.
- Butcher challenged the plea as not knowing, intelligent, and voluntary, due to registration-notice gaps.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the plea valid despite registration-notice gaps? | Butcher argues Crim.R. 11 was not satisfied. | State says substantial compliance under Crim.R. 11. | Plea valid; substantial compliance. |
Key Cases Cited
- State v. Douglass, 2009-Ohio-3826 (12th Dist. Butler Nos. CA2008-07-168 and CA2008-08-199) (Crim.R.11 nonconstitutional notices may be substantially complied with)
- State v. Engle, 78 Ohio St.3d 89 (1996) (plea must be knowing, voluntary, and intelligent)
- State v. Clark, 119 Ohio St.3d 239 (2008) (Crim.R.11(C) colloquy requirements)
- State v. Manis, 2012-Ohio-3753 (12th Dist. Butler No. CA2011-03-059) (substantial compliance framework for Crim.R.11(C)(2) nonconstitutional rights)
- State v. Nero, 56 Ohio St.3d 106 (1990) (concept of 'totality of the circumstances' for knowing plea)