2018 Ohio 1071
Ohio Ct. App.2018Background
- In 2007 Enyart was indicted on numerous sex offenses involving young children; police entered his home, seized videotapes, and charged him after viewing incriminating recordings.
- Enyart moved to suppress evidence from a warrantless entry/search; the trial court denied his suppression motions.
- Enyart pleaded no contest, was convicted, and received maximum consecutive sentences; he appealed and this court affirmed; a later motion to reopen and review of appellate counsel issues also resulted in affirmation.
- Enyart pursued postconviction and federal habeas relief, both denied; in 2017 he filed a Crim.R. 32.1 motion to withdraw his no contest plea alleging newly discovered evidence (a photograph showing an earlier time on a clock) proving a prior illegal entry.
- The trial court denied the motion without a hearing as untimely and failing to show manifest injustice; Enyart appealed the denial.
- The appellate court held the trial court lacked subject-matter jurisdiction to entertain a post-appeal motion to withdraw a plea after the conviction and sentence had been affirmed on appeal, so the denial was affirmed on jurisdictional grounds.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Enyart) | Held |
|---|---|---|---|
| Whether the trial court erred in denying a post-sentence Crim.R. 32.1 motion to withdraw Enyart's plea | The trial court properly denied the motion as untimely/res judicata and insufficient to show manifest injustice | Newly discovered photographic evidence (clock photo) proves the warrantless entry/search occurred earlier and thus suppression should have been granted, making the plea a manifest injustice | Trial court lacked jurisdiction to grant post-appeal motion to withdraw the plea; denial 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 vacate or withdraw a plea after an appellate court affirms the conviction)
- State v. Ketterer, 126 Ohio St.3d 448 (2010) (trial court lacks jurisdiction to consider post-appeal plea-withdrawal motions except as remanded by the appellate court)
- Smith v. Buchanan, 138 Ohio St.3d 364 (2014) (confirming limits on collateral and post-appeal relief where convictions were affirmed)