State v. Calhoun
2014 Ohio 2628
Ohio Ct. App.2014Background
- Mr. Calhoun pleaded no contest to heroin possession in 2011 and was sentenced to nine years; the conviction was affirmed on direct appeal in 2012.
- In 2013, Calhoun moved to withdraw his pleas, claiming the plea colloquy misinformed him about the mandatory nature of his sentence.
- The trial court denied the motion August 13, 2013 for lack of evidentiary attachments and res judicata grounds.
- Calhoun appealed, and this Court affirmed his conviction on direct appeal, rendering the motion to withdraw subject to special-prosecutors jurisdiction concerns.
- The appellate court held that, under Special Prosecutors, the trial court lacked jurisdiction to consider the motion to withdraw after the direct-appeal affirmation, and that res judicata barred the claims not raised on direct appeal.
- The assignment of error was overruled and the judgment of the Summit County Court of Common Pleas was affirmed; costs taxed to Calhoun.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Crim.R. 11 compliance invalidated the plea withdrawal | Calhoun argues inadequate Crim.R. 11 notice about maximum penalties. | State argues issues barred by res judicata and lack of jurisdiction after direct appeal. | Assignment overruled; no Crim.R. 11 error justifying withdrawal. |
Key Cases Cited
- State ex rel. Special Prosecutors v. Judges, 55 Ohio St.2d 94 (Ohio Supreme Court 1978) (trial court loses jurisdiction after appeal; motion to withdraw inconsistent with affirmed conviction)