State v. Hull
2019 Ohio 23
Ohio Ct. App.2019Background
- Floyd J. Hull, Sr. was indicted on ten drug charges after a traffic stop; he pleaded guilty to two counts and related forfeiture specifications after the trial court denied a suppression motion as untimely and dismissed the remaining counts.
- On direct appeal this court affirmed Hull’s convictions and rejection of his sentencing challenge; appellate counsel was different from trial counsel.
- Hull filed a petition for postconviction relief under R.C. 2953.21 alleging ineffective assistance of trial counsel (three grounds): counsel misadvised him about the admissibility of his confession and induced a guilty plea; counsel failed to timely file a suppression motion; and counsel failed to challenge the officers’ jurisdiction to stop him.
- The trial court dismissed the petition, concluding res judicata barred the claims. The court did not hold an evidentiary hearing and issued findings relying on res judicata.
- The appellate majority reversed and remanded, holding res judicata did not bar Hull’s ineffective-assistance claims to the extent they require evidence dehors the trial record; the court declined to order a hearing itself, directing the trial court to apply the Calhoun factors and decide whether a hearing is warranted.
Issues
| Issue | Hull (petitioner) argument | State (respondent) argument | Held |
|---|---|---|---|
| Whether res judicata bars Hull’s postconviction ineffective-assistance claims | Claims depend on evidence outside the direct-appeal record (affidavits showing counsel’s advice, withdrawn leniency promise, jurisdictional facts) so res judicata should not apply | Claims could have been raised on direct appeal (or were effectively litigated); guilty plea waived pre-plea constitutional claims | Reversed trial court: res judicata does not bar claims that require evidence dehors the record; they survive to permit further proceedings |
| Whether Hull’s affidavits and supporting documents required an evidentiary hearing under R.C. 2953.21(D) | Affidavits provide operative facts showing prejudice and warrant an evidentiary hearing | Trial court may judge credibility and dismiss without a hearing; Hull’s filings insufficient | Remanded: trial court must apply Calhoun factors and determine whether the petition + record show entitlement to a hearing; appellate court did not compel a hearing |
| Whether counsel was constitutionally ineffective for allegedly misadvising Hull about the admissibility of his confession, inducing a plea | Counsel told Hull the confession would be used and that a plea was necessary; affidavits allege a promised leniency deal was revoked, which coerced plea | Any claim of counsels’ error could/should have been raised on direct appeal; Hull pleaded guilty knowingly and voluntarily | Claim not barred by res judicata if resolution requires evidence outside the record; merits unresolved and remanded for further proceedings |
| Whether counsel’s failure to timely file a suppression motion and to challenge officer jurisdiction prejudiced Hull | Untimely suppression filing and failure to challenge jurisdiction deprived Hull of a viable defense and caused prejudice | Hull waived pre-plea challenges by pleading guilty; record reflects awareness of suppression issues and the untimely motion | Claims may depend on evidence dehors the record (e.g., jurisdictional facts); res judicata does not automatically bar them; remanded for trial-court factfinding |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (Two-prong test for ineffective assistance of counsel)
- Hill v. Lockhart, 474 U.S. 52 (Strickland applies to guilty-plea challenges)
- McMann v. Richardson, 397 U.S. 759 (Challenges to voluntariness of plea based on counsel’s advice)
- Calhoun, 86 Ohio St.3d 279 (Trial-court standards for evaluating affidavits and deciding postconviction hearing)
- Ishmail, 54 Ohio St.2d 402 (limits on adding new evidence on direct appeal)
- Cole, 2 Ohio St.3d 112 (res judicata exceptions when determination requires evidence outside the record)
- Spates, 64 Ohio St.3d 269 (guilty plea waives independent pre-plea constitutional claims except challenges to voluntariness based on counsel)
- Gondor, 112 Ohio St.3d 377 (standard of review for postconviction denial)