State v. Green
2011 Ohio 5611
Ohio Ct. App.2011Background
- Green was indicted in 2000 for murder with a firearm specification and tampering with evidence; the murder count was reduced to involuntary manslaughter.
- Green pled guilty to both counts in November 2000 and was sentenced to 17 years in prison.
- In 2010 Green moved to withdraw his guilty pleas and to correct a void sentence and for resentencing based on post-release control issues.
- The trial court denied the motions in 2010; Green appealed, raising two assignments of error.
- On appeal, this Court first held Green was entitled to a de novo sentencing hearing limited to the proper imposition of post-release control, and second assignment was rejected.
- Green subsequently moved to rescind his plea agreement; the trial court again denied; the court then re-sentenced Green on post-release control pursuant to this Court’s order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the motion to rescind was barred by res judicata | Green contends the plea was based on an unfulfillable promise and improper post-release control. | State argues the claim was previously raised and decided, barred by res judicata. | Yes; res judicata bars the motion to rescind. |
| Whether Judge Forchione's involvement required disqualification | Green argues disqualification due to prior role as prosecutor at a preliminary hearing. | State argues issue waived for failure to raise below and barred by res judicata. | Waived and barred; no reversal based on that issue. |
Key Cases Cited
- State v. Perry, 10 Ohio St.2d 175 (Ohio 1967) (res judicata applies to post-conviction claims)
- State v. Singleton, 124 Ohio St.3d 173 (2009-Ohio-6434) (de novo sentencing limited to post-release control issues)
- State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (remedial resentencing for post-release control under Fischer)
- State v. Kent, 2003-Ohio-6156 (Ohio App.3d) (res judicata applies to piecemeal post-conviction claims)
- State v. Unger, 2001-Ohio-2397 (Ohio App.3d) (waiver and res judicata principles in motions to withdraw pleas)
- State v. McLeod, 2004-Ohio-6199 (Ohio App.3d) (Crim.R. 32.1 motion barred by res judicata)