2020 Ohio 2957
Ohio Ct. App.2020Background
- Defendant Kiel T. Greenlee was charged in two Kettering Municipal Court matters (domestic violence; assault/domestic violence). He was arrested on an outstanding warrant while at a pretrial in the first case.
- On February 15, 2019, while in custody, Greenlee accepted a negotiated global plea to one count of fourth-degree misdemeanor disorderly conduct in each case; the court accepted the pleas and set sentencing for March 13, 2019.
- One day before sentencing Greenlee filed a presentence motion to withdraw his pleas, asserting he was not guilty and that his pleas were not freely and voluntarily entered because he pleaded to secure immediate release from custody (claiming duress/pressure from defense counsel).
- At a hearing the court heard testimony from Greenlee, his former counsel, and the prosecutor; the court found Greenlee’s duress claim not credible, observed he received a full Crim.R. 11 colloquy, and found the plea was knowingly, voluntarily, and intelligently entered.
- The trial court denied the withdrawal motion, sentenced Greenlee to concurrent short jail terms (effective three days of jail), fines, costs, and two years’ probation; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by denying Greenlee’s presentence motion to withdraw his guilty pleas | State: trial court properly exercised discretion under Crim.R. 32.1 and Xie; Greenlee’s motion was an eleventh-hour change of heart, plea was knowing and voluntary, and hearing/consideration were adequate | Greenlee: pleas were involuntary/entered under duress to secure release from custody; he also had affirmative defenses that justify withdrawal | Affirmed: no abuse of discretion. Court found full Crim.R. 11 colloquy, credible record contradicted duress claim, defendant had prior legal experience, offered only nonspecific defenses, and the motion was a change of heart rather than a reasonable and legitimate basis to withdraw the pleas. |
Key Cases Cited
- State v. Xie, 62 Ohio St.3d 521, 584 N.E.2d 715 (1992) (presentence motions to withdraw a guilty plea should be freely and liberally granted, but the trial court retains discretion; withdrawal requires a reasonable and legitimate basis).