2014 Ohio 2404
Ohio Ct. App.2014Background
- Cooper was indicted in 2008 on four counts of pandering sexually-oriented matter involving a minor and one count of possessing criminal tools; he pled guilty to all counts in January 2009 and received an aggregate 16-year prison sentence in February 2009.
- This court previously affirmed Cooper’s convictions and sentences in State v. Cooper (Cooper I) in 2010, noting the sentencing within statutory limits and that the plea was voluntary.
- On September 20, 2013, Cooper filed a motion titled to withdraw his pleas, or for a new trial, or for postconviction relief, attaching four documents he claimed showed manifest injustice.
- The attached materials included Cooper’s 2013 affidavit and excerpts concerning the trial judge’s later misconduct and indictment for related improper conduct.
- The trial court denied the motion in September 2013; Cooper appeals, challenging the ruling on the grounds of manifest injustice, postconviction relief timeliness, and newly discovered evidence for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion denying Cooper’s Crim.R. 32.1 motion without an evidentiary hearing. | Cooper contends manifest injustice warranted a hearing. | State argues res judicata bars review and no manifest injustice shown. | No abuse; motion denied. |
| Whether the petition for postconviction relief was timely or properly subject to review given statutory deadlines. | Cooper asserts timely postconviction review due to newly discovered facts. | State maintains untimely filing and no constitutional error shown. | Denied; trial court lacked jurisdiction to entertain due to untimely filing and lack of error. |
| Whether Cooper was entitled to a hearing on a motion for a new trial based on claimed new evidence. | Cooper argues new evidence warrants a new trial hearing. | No new trial hearing available when pleas are guilty. | Denied; Crim.R. 33(B) not applicable to guilty-plea cases. |
Key Cases Cited
- State v. Lindsey, 2013-Ohio-102 (8th Dist. Cuyahoga No. 98361 (2013)) (res judicata bars Crim.R. 32.1 relief when affirmed on direct appeal)
- State v. Lenard, 2011-Ohio-1571 (8th Dist. Cuyahoga No. 95317 (2011)) (untimely Crim.R. 32.1 motion; manifest injustice analysis applicable)
- State v. Cooper, 2010-Ohio-3663 (8th Dist. Cuyahoga No. 93308 (2010)) (affirmed conviction/sentence; plea knowingly, voluntarily entered)
- State v. Vild, 2007-Ohio-987 (8th Dist. Cuyahoga Nos. 87742 and 87965 (2007)) (res judicata bars review; proper consideration of late-filed motions)
- State v. Waite, 2012-Ohio-489 (8th Dist. Cuyahoga No. 96954 (2012)) (Crim.R. 32.1 claims require timely, cognizable presentation)