State v. Harden
2012 Ohio 1657
Ohio Ct. App.2012Background
- Harden pled guilty in 1995 to aggravated arson and was sentenced to 5–25 years, with no appeal from the conviction.
- He later was released on parole, then convicted federally in 2003 and imprisoned.
- In 2004 Harden moved to withdraw his guilty plea, claiming mental health problems and counsel’s failure to investigate his competence; the trial court denied it.
- He filed an untimely post-conviction petition in 2004 alleging ineffective assistance; the petition was denied and this court affirmed as untimely and insufficient.
- Between 2008 and 2010 Harden filed additional Crim.R. 32.1 motions to withdraw his plea; the trial court denied and this court affirmed on appeal.
- In 2010 Harden filed a fourth motion asserting incompetence due to mental health and medication; the trial court denied as barred by res judicata; this court again affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was error in denying Crim.R. 32.1 without an evidentiary hearing | Harden argues denial without a hearing was improper. | State contends no hearing needed where no manifest injustice shown and res judicata applies. | No manifest injustice; no hearing required; motion overruled. |
| Whether the record should be expanded to include medical/mental health records | Prison records would show hallucinations affecting voluntariness of plea. | Counsel deemed not entitled to appointed counsel; records irrelevant due to res judicata. | Expansion denied; records barred by res judicata. |
| Whether res judicata bars the latest Crim.R. 32.1 claims | Claims not previously raised should be considered; errors preventing knowing plea. | Claims were previously raised and rejected; barred by res judicata. | Latest claims barred by res judicata; no relief. |
Key Cases Cited
- State v. Harden, 2009-Ohio-3431 (2d Dist. Montgomery No. 22839, 2009) (pendency of multiple prior Crim.R. 32.1 motions; res judicata considerations)
- Szefcyk v. Szefcyk, 671 N.E.2d 233 (Ohio) (res judicata bar to successive post-conviction claims)
- State v. Grier, 2007-Ohio-2597 (2d Dist. Greene No. 2006CA61) (hearing not required on all post-sentence motions to withdraw plea)
- State v. Francis, 2004-Ohio-6894 (Supreme Court of Ohio) (court should hold a hearing on motion to withdraw plea unless denial is clearly warranted)