2017 Ohio 308
Ohio Ct. App.2017Background
- Ryan Crawford was indicted on menacing by stalking and obstructing official business; he filed two suppression motions (cell phone search and statements).
- At a February 2016 hearing the parties reached a plea agreement; before the plea the court had Crawford withdraw the suppression motions and signed a written withdrawal form.
- Crawford pleaded guilty to an amended charge of attempted menacing by stalking and the State dismissed the obstructing charge.
- About two weeks later, before sentencing, Crawford moved to withdraw his guilty plea, claiming innocence and alleging police misconduct and evidence tampering.
- The trial court held a full hearing, found Crawford’s plea and prior waiver valid, denied the withdrawal motion as a mere “change of heart,” and sentenced him to community control. Crawford appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether withdrawal of suppression motions was knowingly, intelligently, voluntarily | Court/State contended withdrawal was valid and waived by plea | Crawford argued court failed to ensure he understood consequences or had consultation time | Court found withdrawal valid; in any event guilty plea waived challenge to suppression withdrawal |
| Whether trial court erred in denying pre-sentence motion to withdraw guilty plea | State argued court properly exercised discretion after full colloquy and hearing | Crawford argued innocence, alleged framing, evidence tampering, and sought plea withdrawal | Court held denial was not an abuse of discretion: plea entered knowingly, Crim.R.11 complied, motion reflected only a change of heart |
Key Cases Cited
- State v. Kelley, 57 Ohio St.3d 127 (Ohio 1991) (guilty plea waives appellate review of antecedent trial errors)
- State v. Xie, 62 Ohio St.3d 521 (Ohio 1992) (pre-sentence plea withdrawal motions are to be freely allowed but trial court has discretion)
- Barker v. United States, 579 F.2d 1219 (10th Cir. 1978) (quoted for the liberality standard on pre-sentence plea withdrawal)
- State v. Spivey, 81 Ohio St.3d 405 (Ohio 1998) (trial court’s denial of plea withdrawal reviewed for abuse of discretion)