State v. Hudson, 2013 Ohio 1992

Hudson and codefendants were charged with burglary, multiple counts of aggravated robbery, and kidnapping arising from a nighttime burglary of Gibbs's apartment, with firearms specifications.
Pretrial, Hudson’s counsel moved to withdraw; after a hearing the court denied the motion, and joinder of defendants and consolidation with Brooks’s separate case were granted.
The defendants reached a global plea agreement, pleading guilty to reduced charges of one robbery and one abduction (both third-degree felonies) with a one-year firearm specification, and the remaining charges were nolled, with a stated minimum two-year sentence.
Before sentencing, Hudson moved to withdraw his plea; the court denied the motion and sentenced him to two years and ordered restitution of $6,750 jointly and severally to the victims.
Hudson appeals, asserting ineffective assistance of counsel for denial of the withdrawal motion and challenging the pre-sentence withdrawal hearing as inadequate.
The appellate court rejected both assignments, affirming Hudson’s conviction and the denial of withdrawal, and remanded for execution of sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there prejudice from joinder/Consolidation?	Hudson claims joinder and consolidation prejudiced his trial and plea	Hudson argues ineffective assistance due to lack of advocacy on joinder	No reversible prejudice; joinder proper, evidence direct, and severance not required.
Did trial counsel act effectively despite joinder and consolidation?	Hudson asserts counsel failed to zealously advocate and to object to joinder	Counsel actively represented, conducted alibi defense, and cross-examination was largely handled by co-counsel	Counsel effective; no ineffective assistance shown.
Did the court abuse its discretion denying the presentence motion to withdraw the plea?	Hudson claims lack of full hearing and insufficient justification to withdraw	Court held a full Crim.R. 11 colloquy and considered the motion; withdrawal denied within discretion	No abuse; court conducted full hearing and acted within its discretion.

State v. Milligan, 40 Ohio St.3d 341 (1988) (right to counsel; defendant not entitled to specific attorney)
State v. Henness, 79 Ohio St.3d 53 (1997) (effective assistance standard, not a right to a particular attorney)
State v. Spates, 64 Ohio St.3d 269 (1992) (plea withdrawal standards; knowing, intelligent, voluntary plea)
Tollett v. Henderson, 411 U.S. 258 (1973) (plea bargaining waivers limits on post-plea challenges)
State v. Xie, 62 Ohio St.3d 521 (1992) (standard for withdrawal of guilty plea before sentencing)
Hill v. Lockhart, 474 U.S. 52 (1985) (benefit of trial if pleaded; standard for ineffective assistance in pleas)
State v. Lott, 51 Ohio St.3d 160 (1990) (joinder and severance standards; prejudice analysis)
State v. Torres, 66 Ohio St.2d 340 (1981) (prejudice showing in joinder analysis; separation of charges feasible)
State v. Schaim, 65 Ohio St.3d 51 (1992) (evidence and complexity affect prejudicial impact of multiple charges)
State v. Peterseim, 68 Ohio App.2d 211 (1980) (standard for abuse of discretion in denial of presentence plea withdrawal)