State v. Ford, 2012 Ohio 4597

Nathan Ford, convicted by no contest plea in July 2006 to 53 counts of rape, GSI, kidnapping, felonious assault, and aggravated robbery, seeks to withdraw the plea multiple times.
Ford’s first motion to withdraw was filed before sentencing arguing his dementia could render his plea defective; experts found him competent.
The trial court denied the October 2006 motion; Ford appealed and this court upheld the conviction and denied withdrawal as not timely or warranted.
Ford’s December 2009 second motion relied on same medical reports and asserted a contract with counsel guaranteeing further testing; he did not appeal the denial.
Ford filed a September 2010 postconviction relief petition with the same arguments and evidence; the petition was summarily denied and the appeal dismissed for lack of record.
In January 2012 Ford filed a third motion to withdraw, repeating the same conditional-plea theory; the court summarily rejected it.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the third motion to withdraw is barred by res judicata/Special Prosecutors	Ford	State	Barred; res judicata and Special Prosecutors apply

State v. Ketterer, 126 Ohio St.3d 448 (2010-Ohio-3831) (res judicata bars claims that could have been raised earlier)
State ex rel. Special Prosecutors v. Judges of Belmont Cty. Court of Common Pleas, 55 Ohio St.2d 94 (1978) (Crim.R. 32.1 limits post-appeal maneuvering of guilty pleas)
State v. McGee, 2009-Ohio-3374 (8th Dist. No. 91638) (precedent on withdrawal motions and ineffective assistance claims)
State v. Totten, 2005-Ohio-6210 (10th Dist.) (procedural requirements for post-plea relief)
State v. Ford, 2007-Ohio-5722 (8th Dist. Nos. 88946 and 88947) (irresistible-impulse insanity defense not a basis to withdraw)