State v. Jabbaar
2013 Ohio 1655
Ohio Ct. App.2013Background
- Defendant Ali Jabbaar was indicted in June 2011 on kidnapping with a sexual-motivation specification and three counts of rape with SVP specifications, plus firearm specs; he pleaded not guilty and the case proceeded to trial.
- A pretrial four days before trial featured the state’s plea offer placed on the record; Jabbaar initially indicated a preference for trial.
- The prosecutor summarized the evidence, including a videotape of Jabbaar with the victim, the victim’s testimony, DNA evidence, and Jabbaar’s possession of a firearm, and linked these to the charges.
- The trial judge discussed potential sentences and stated that pleading could yield substantially less time than trial, potentially “life” versus “time” in prison for the counts.
- During the pretrial and later plea colloquy, the judge questioned Jabbaar about the plea, urged consideration of a plea, and ensured a later, full Crim.R. 11 plea colloquy occurred four days later.
- Jabbaar ultimately pled guilty to amended counts (kidnapping with a three-year firearm spec. and sexual-motivation spec., and one count of rape) and was sentenced to 13 years; the defense challenged the voluntariness of the plea on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plea was knowingly, voluntarily, and intelligently made. | Jabbaar argues the judge coerced the plea by active participation. | Jabbaar contends the judge’s comments and pressure rendered the plea involuntary. | No coercion; plea affirmed as voluntary. |
Key Cases Cited
- State v. Engle, 74 Ohio St.3d 525 (1996) (necessity of knowing, intelligent, voluntary plea)
- State v. Byrd, 63 Ohio St.2d 288 (1980) (judge’s coercive involvement analyzed; not per se invalid)
- Missouri v. Frye, 132 S. Ct. 1399 (2012) (importance of record showing defendant’s awareness of plea offer)
