State v. Havens
2011 Ohio 5019
Ohio Ct. App.2011Background
- Havens pled guilty on March 10, 2009 to one count of assault (misdemeanor of the first degree) and one count of violating a civil protection order (felony of the fifth degree); in exchange, the state dismissed eleven charges and recommended community control sanctions.
- The trial court sentenced Havens on May 12, 2009 to three years of community control with special conditions prohibiting contact with the victim, his wife.
- On June 22, 2010, the trial court found Havens violated community control by committing a new offense against his wife and continued community control with added no-contact restrictions.
- On July 22, 2010, Havens again violated community control by repeatedly contacting the victim; the court revoked community control and imposed concurrent prison terms of six months for assault and twelve months for CPOD.
- Havens did not appeal the conviction or the sentence; the appellate record includes an Anders brief suggesting no meritorious issues; court conducted independent review.
- The sole asserted issue on appeal was whether Havens’ guilty pleas were knowingly, intelligently, and voluntarily entered; the court held the pleas were valid and the appeal lacked merit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Havens’ pleas were knowingly, intelligently, and voluntarily entered | State argues pleas complied with Crim.R.11 and were voluntary | Havens contends pleas were not entered knowingly/voluntarily | Plea validity affirmed; res judicata and Crim.R.11 satisfied; no merit |
Key Cases Cited
- Perry, 10 Ohio St.2d 175 (1967) (res judicata bars raising defenses that could have been raised at trial or on direct appeal)
- Griggs, 103 Ohio St.3d 85 (2004) (involuntary plea if failure to inform rights; strict vs substantial compliance for Vol/Non-constitutional rights)
- Nero, 56 Ohio St.3d 106 (1990) (substantial compliance for non-constitutional rights; totality of circumstances standard)
- Veney, 120 Ohio St.3d 176 (2008) (pretrial plea must be knowingly and voluntarily entered under totality of circumstances)
- Russell, Clark App. No. 10CA54, 2011-Ohio-1738 (2011) (Crim.R.11(C)(2) strict vs substantial compliance; right waivers)