State v. Carter
2011 Ohio 6104
Ohio Ct. App.2011Background
- State of Ohio charged Carter with kidnapping (first-degree) and aggravated robbery (first-degree) under amended indictment with repeat violent offender specifications.
- Carter pled guilty to both counts after a Crim.R. 11 colloquy, with merger of offenses reserved for later determination.
- Sentencing on December 16, 2009 imposed ten years per count plus ten years RV specifications, running concurrently for a total of twenty years.
- Carter appealed, challenging the merger and resulting sentence; this Court remanded for resentencing with instructions for the State to elect one offense and impose a single sentence (Carter I).
- On April 6, 2011 Carter moved to withdraw his guilty plea as a pre-sentence motion; the trial court held a hearing and denied the motion; a resentencing hearing corrected the merger issue and imposed a new sentence; Carter appealed again raising several issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pre-sentence withdrawal motion standard. | Carter argues pre-sentence standard liberal; motion should be granted. | State/Defendant Carter—motion untimely; res judicata and lack of manifest injustice. | No error; court lacked jurisdiction or, alternatively, motion failed on merits. |
| Jurisdiction and res judicata barring review of post-appeal claims. | Carter contends issues could be raised post-appeal. | Final judgment bars new challenges; res judicata applied. | Motion and subsequent claims barred; affirmed denial. |
| Ineffective assistance and voluntariness claims barred by res judicata. | Carter claims trial/appellate counsel failed to preserve issue. | Claims could have been raised on direct appeal; barred by res judicata. | Barred by res judicata; issues affirmed. |
| Appellate reopening for ineffective assistance of appellate counsel. | Requests reopening under App.R.26(B) for appellate counsel ineffectiveness. | Filing beyond 90-day limit and noncompliance with procedures. | Denied; no reopening privilege due to untimely filing and noncompliance. |
Key Cases Cited
- State v. Ketterer, 126 Ohio St.3d 448 (2010) (Crim.R. 32.1 does not permit post-appeal plea withdrawal after appellate affirmance)
- State v. Fischer, 128 Ohio St.3d 92 (2010) (postrelease-control correction limited to sentencing issues)
- State v. Coats, 2010-Ohio-4822 (2010) (res judicata bars belated post-conviction challenges to final judgments)
- State v. Wilson, 129 Ohio St.3d 214 (2011) (new-sentencing-appeal scope limited to issues arising at the new sentencing hearing)
- State v. Perry, 10 Ohio St.2d 175 (1967) (establishes res judicata principle for claims brought after conviction)
- State v. Xie, 62 Ohio St.3d 521 (1992) (liberal pre-sentence withdrawal standard; manifest injustice considerations)