State v. Greene
2012 Ohio 791
Ohio Ct. App.2012Background
- Greene pleaded guilty to five counts of aggravated robbery and two firearm specifications, receiving a 15-year prison sentence.
- The trial court later resentenced Greene in January 2010 to correctly impose post-release control after recognizing prior error.
- Greene appealed but the appellate court dismissed for failure to pay or request a waiver of the local deposition requirement.
- In August 2010 Greene moved to withdraw his guilty plea, claiming he was unaware post-release control would be part of his sentence and that it violated his plea agreement.
- The trial court denied the motion without a hearing, and Greene appealed, arguing the denial was erroneous; the court of appeals affirmed, holding the motion was barred by res judicata.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court errored in denying a hearing on the motion to withdraw plea | Greene | State argued res judicata bars argument | Yes, res judicata barred the motion |
Key Cases Cited
- State v. Ketterer, 126 Ohio St. 3d 448 (2010–Ohio–3831) (bar to claims that could have been raised on appeal; applies to Rule 32.1 motions)
- State v. Perry, 10 Ohio St. 2d 175 (1967) (plea withdrawal standards; final judgment rules)
- State v. Rexroad, 2004–Ohio–6271 (2004) (res judicata principle in post-plea motions)
- State v. Seals, 8th Dist. No. 93198, 2010-Ohio-1980 (2010) (affirmed denial of hearing under res judicata)
- State v. Vincent, 4th Dist. No. 03CA2713, 2003-Ohio-3998 (2003) (applies res judicata to post-plea challenges)