2012 Ohio 902
Ohio Ct. App.2012Background
- Gordon was indicted in 1998 for aggravated murder with a firearm specification; he pleaded guilty to an amended murder charge and was sentenced to 15-to-life plus a 3-year firearm term on December 22, 1998.
- Gordon moved to withdraw his guilty plea on June 4, 1999; the trial court denied the motion on July 14, 1999.
- Gordon attempted an appeal of that denial, but it was dismissed as untimely in 1999; delayed appeal was denied in 2000.
- In 2010, Gordon filed a “Motion for New Sentencing” arguing a void sentence due to post-release control; the court denied, and the appellate court affirmed in 2010.
- In 2011, Gordon filed a second motion to withdraw his plea and motions to dismiss the indictment and for grand jury transcript inspection; the trial court denied, and Gordon appealed.
- The Court of Appeals ultimately affirmed the trial court’s denials, holding that the three motions were properly resolved without reversible error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the post-sentence Crim.R. 32.1 motion to withdraw plea was properly denied | Gordon argues plea not knowing/informed; ineffective assistance; coercion; exculpatory evidence withholding | State contends res judicata and untimeliness bar relief; record shows no manifest injustice | Denied; motions overruled |
| Whether a hearing was required before ruling on the Crim.R. 32.1 motion | Gordon asserts need for an evidentiary hearing to establish factual support | State contends no hearing warranted as record contradicted allegations | No hearing required; record supported denial |
| Whether the indictment should have been dismissed for facial invalidity or lack of jurisdiction | Gordon contends indictment signed after plea and jurisdiction contested | Indictment signed and filed; defect not shown; res judicata applies | Indictment valid; no basis to dismiss; jurisdiction proper |
Key Cases Cited
- State v. Brown, 9th Dist. No. 24831, 2010-Ohio-2328 (Ohio 2010) (manifest injustice standard; Crim.R. 32.1 standard)
- State v. Perry, 10 Ohio St.2d 175 (1967) (Supreme Court (1967)) (doctrine of res judicata applicability)
- State v. Gorospe, 9th Dist. Nos. 25551, 25552, 2011-Ohio-3291 (Ohio 2011) (Crim.R. 32.1; post-sentence withdrawal proceedings)
- State v. Rexroad, 9th Dist. No. 22214, 2004-Ohio-6271 (Ohio 2004) (precludes relief when issues could have been raised on direct appeal)
- State v. Banks, 9th Dist. No. 01CA007958, 2002-Ohio-4858 (Ohio 2002) (no hearing where record contradicts withdrawal allegations)
- State v. Buck, 9th Dist. No. 04CA008516, 2005-Ohio-2810 (Ohio 2005) (no manifest injustice; no evidentiary hearing required)
- State v. Cooey, 46 Ohio St.3d 20, 1989 (Ohio 1989) (journal records import verity absent contrary evidence)