2016 Ohio 2816
Ohio Ct. App.2016Background
- In 1992 Michael D. Davie and accomplices committed violent burglaries and robberies in Summit County; Davie faced multiple felonies with firearm specifications.
- In 1993 Davie pled no contest to attempted murder (with firearm specification), felonious assault, two counts of aggravated robbery, and five counts of aggravated burglary as part of a plea agreement; the trial court sentenced him to 33–75 years.
- Davie was paroled after ~14 years and pursued post-conviction relief and appeals over the years; this court affirmed his conviction on direct appeal in 1994.
- Over the next two decades Davie filed multiple motions/petitions seeking to withdraw his no contest plea; earlier attempts were denied and affirmed (some treated as post-conviction petitions).
- Davie’s third post-sentence motion to withdraw under Crim.R. 32.1 argued manifest injustice because the plea agreement was allegedly violated when his 1993 conviction was referenced in later civil proceedings; he sought withdrawal to prevent future use of the conviction.
- The trial court denied the third motion; Davie appealed and argued the denial was an abuse of discretion and that his plea withdrawal was required to remedy manifest injustice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a trial court may consider a post-sentence motion to withdraw a plea under Crim.R. 32.1 after the conviction was affirmed on direct appeal | Davie: Crim.R. 32.1 permits withdrawal for manifest injustice because the plea agreement was breached and the conviction was later used in civil proceedings | State: Under Special Prosecutors the trial court loses jurisdiction to grant a motion to withdraw a plea after an appeal and affirmance; res judicata/precedent bar relief | Trial court lacked authority to consider/ grant the motion; Davie’s assignment of error overruled and judgment affirmed |
Key Cases Cited
- State ex rel. Special Prosecutors v. Judges, Court of Common Pleas, 55 Ohio St.2d 94 (1978) (trial court loses jurisdiction to grant a motion to withdraw a plea after an appellate court affirms the conviction; Crim.R. 32.1 does not confer that jurisdiction)
- State v. Bush, 96 Ohio St.3d 235 (2002) (clarifies that a post-sentence motion to withdraw a plea is distinct from a post-conviction petition)