State v. Heard
2014 Ohio 371
Ohio Ct. App.2014Background
- Heard pled guilty in 2004 to one count of rape, two counts of felonious assault, and nine counts of endangering children, receiving a life sentence with parole eligibility after ten years.
- This Court previously upheld Heard’s sentence on direct appeal.
- In May 2013 Heard moved to withdraw his guilty plea, alleging ineffective assistance of counsel, prosecutorial misconduct, and withholding of exculpatory evidence.
- The trial court denied the motion, finding Heard failed to present any supporting evidence.
- Heard appealed, arguing the trial court erred by denying withdrawal without a hearing on issues of innocence and due process.
- The Court of Appeals reviews the denial for abuse of discretion and notes evidence not presented to the trial court cannot be considered on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in denying the plea-withdrawal motion | Heard contends his plea was induced by ineffective counsel and prosecutorial misconduct. | State asserts Heard failed to prove manifest injustice and did not present supporting evidence. | No abuse of discretion; denial affirmed. |
Key Cases Cited
- State v. Smith, 49 Ohio St.2d 261 (Ohio 1977) (abuse-of-discretion standard for withdrawal of plea)
- State v. Francis, 104 Ohio St.3d 490 (2004) (abuse-of-discretion standard for plea withdrawal)
- State v. Ford, 9th Dist. Summit No. 26260 (2012) (manifest injustice standard for post-sentence withdrawal)
- State ex rel. Schneider v. Kreiner, 83 Ohio St.3d 203 (1998) (definition of manifest injustice)
- Ishmail v. Bennett, 54 Ohio St.2d 402 (1978) (limit to record evidence on review)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse-of-discretion standard framework)
- Berk v. Matthews, 53 Ohio St.3d 161 (1990) (limits on appellate review of trial court discretion)