State v. Coleman
2012 Ohio 2847
Ohio Ct. App.2012Background
- Coleman was indicted in Medina County for cocaine possession with a major drug offender specification and firearm specification, marijuana possession, criminal tools, and related forfeitures in 2004.
- In 2005 Coleman pled no contest to cocaine with a major drug offender specification, marijuana, and criminal tools, and the court imposed a total 10-year sentence.
- Coleman appealed; the appellate court affirmed his convictions in 2006, rejecting his claim that the plea was not knowing, voluntary, and intelligent because the court failed to inform him of mandatory penalties.
- Coleman filed a pro se motion to withdraw his plea in 2005, supplemented in 2006, along with a pro se post-conviction relief petition; the trial court denied both in 2007.
- In 2009 Coleman filed a Crim.R. 2953.21 petition, attempted to obtain counsel, and various post-conviction actions followed, including a 2010-2011 sequence culminating in a denial and a later appeal, while issues about Crim.R. 11(C) at plea colloquy were central.
- On appeal from the later denial, Coleman argued the plea colloquy failed to inform him of maximum penalties and rights; the court concluded no manifest injustice and affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion denying Crim.R. 32.1 withdrawal | Coleman contends plea colloquy failed Crim.R. 11(C) and warrants withdrawal | State argues res judicata and lack of manifest injustice preclude withdrawal | Denied; plea withdrawal denied as procedurally barred and not manifestly unjust |
Key Cases Cited
- State v. Ketterer, 126 Ohio St.3d 448 (Ohio 2010) (res judicata bars claims in motion to withdraw plea)
- State v. Perry, 10 Ohio St.2d 175 (Ohio 1967) (Crim.R. 32.1 scope and procedures)
- State ex rel. Special Prosecutors v. Judges, Court of Common Pleas, 55 Ohio St.2d 94 (Ohio Supreme Court) (Crim.R. 32.1 authority limits after appellate affirmation)
- State v. Brown, 2011-Ohio-1043 (Ohio Ninth Dist. 2011) (res judicata and post-conviction relief limits on raising plea issues)