2011 Ohio 1734
Ohio Ct. App.2011Background
- Combs was indicted in April 2009 on forcible rape of a child under ten, gross sexual imposition of a child under thirteen, and sexual battery of a child under thirteen.
- In January 2010, Combs pled no contest to forcible rape by bill of information and was found guilty; the indictment was nolled.
- The parties agreed to a five-year mandatory term of imprisonment for the plea agreement and the trial court sentenced accordingly.
- Combs contends the plea was not knowingly, intelligently, and voluntarily given due to the court interrupting him when he resisted acceptance of the plea.
- Combs also contends ineffective assistance of counsel for allowing him to enter the plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the plea knowingly, intelligently, and voluntarily made? | Combs argued the plea was involuntary due to the interruption. | Combs contends the interruption tainted voluntariness and effectiveness of his waiver. | No; plea was voluntary under Crim.R. 11. |
| Was counsel ineffective for allowing the plea? | Combs claimed counsel knew he did not want to plead. | Combs claimed counsel failed to protect his wishes and rights. | No; Strickland standard not met; record shows satisfaction with counsel and valid plea. |
Key Cases Cited
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969) (voluntariness of a guilty plea requires knowing waiver of rights)
- State v. Nero, 56 Ohio St.3d 106 (Ohio 1990) (Crim.R. 11(C) adequacy for voluntariness review)