State v. Greenlee
2017 Ohio 849
Ohio Ct. App.2017Background
- Kiel Greenlee was charged with criminal damaging (2nd-degree misdemeanor); after appointed counsel changes he pled guilty on October 5, 2015 to an amended charge of disorderly conduct (4th-degree misdemeanor) in exchange for dismissal of a separate charge.
- The trial court sentenced Greenlee to 30 days jail suspended, six months supervised probation, restitution $349.84, suspended $200 fine, and assessed court costs. No direct appeal was filed from that October 5, 2015 judgment.
- Greenlee filed a pro se post-sentence motion (Nov. 10, 2015) to withdraw his guilty plea and a motion to dismiss, alleging ineffective assistance of trial counsel (that counsel advised him to plead guilty) and attacking the sufficiency/admissibility of the State's evidence.
- The trial court denied the motions on March 1, 2016; Greenlee appealed only that denial (court limited appeal to the March 1 order). The trial court also stayed execution of sentence pending appeal.
- Appellate counsel filed an Anders brief; Greenlee filed a pro se brief arguing trial counsel was ineffective and that the complaint relied on inadmissible hearsay (Facebook messages, surveillance video). The court reviewed whether the post-sentence motion to withdraw alleged a manifest injustice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying Greenlee's post-sentence motion to withdraw his guilty plea | The State argued Greenlee voluntarily pleaded guilty after a full Crim.R. 11 colloquy and thus did not show a manifest injustice warranting withdrawal | Greenlee argued counsel was ineffective in advising him to plead guilty and evidence underlying the complaint was inadmissible/insufficient | Denied. Court held plea was knowing, voluntary, supported by factual basis, and defendant failed to show manifest injustice or counsel ineffectiveness that rendered plea unknowing or involuntary |
| Whether sufficiency or admissibility defects in the complaint (e.g., hearsay Facebook evidence, surveillance video) entitled Greenlee to withdraw plea | The State noted Greenlee pled guilty to the reduced charge and thus waived right to contest the State's evidence; plea admitted the factual basis | Greenlee contended the complaint rested on inadmissible hearsay and irrelevant/insufficient evidence | Rejected. A voluntary guilty plea admits the facts and waives challenges to evidence; reduction in charge benefited Greenlee |
| Whether appellate counsel's Anders brief rendered appellate process defective | The State and court followed Anders procedure: review for arguable issues and provision to appoint new counsel if meritorious issues found | Greenlee argued appointed appellate counsel provided ineffective assistance by filing Anders brief and insufficiently communicating/researching | Rejected at this stage. Court explained Anders procedure is appropriate; claims about appellate counsel's performance are not grounds to withdraw the plea here |
| Whether a hearing on the post-sentence motion was required | The State argued the motion allegations, even if accepted, did not demonstrate a reasonable likelihood of manifest injustice and no hearing was needed | Greenlee sought relief via his motion and pro se statements | Denied. No hearing required because defendant's self-serving assertions were not supported by the record and the Crim.R. 11 colloquy negated manifest injustice claims |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel requiring deficient performance and prejudice)
- Anders v. California, 386 U.S. 738 (1967) (procedure when appointed counsel believes appeal is frivolous)
- State v. Bradley, 42 Ohio St.3d 136 (1989) (Ohio adoption of Strickland standard)
- State v. Xie, 62 Ohio St.3d 521 (1992) (abuse-of-discretion standard and affirming trial court rulings absent such abuse)
- State v. Smith, 49 Ohio St.2d 261 (1977) (post-sentence withdrawal of guilty plea allowed only to correct manifest injustice)
- State v. Greathouse, 158 Ohio App.3d 135 (2004) (guilty plea admits facts in the indictment)