State v. Jordan
2015 Ohio 4354
Ohio Ct. App.2015Background
- Robert E. Jordan, Jr. was indicted in Summit County for charges arising from the murder of Shawn Dotson.
- Jordan moved to sever his trial from a co-defendant; the trial court denied the motion.
- Jordan entered a plea: guilty to one count of murder with a firearm specification and one count of aggravated burglary; remaining charges were dismissed per plea agreement.
- The parties jointly recommended, and the trial court imposed, an aggregate sentence of 18 years to life.
- Jordan filed for delayed appeal, asserting his plea was not knowing, intelligent, and voluntary because the trial court failed to notify him that he was waiving the right to appeal pretrial rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jordan’s plea was knowing, intelligent, and voluntary because the trial court did not specifically inform him he waived the right to appeal pretrial rulings | Jordan: Crim.R. 11(C)(2)(b) requires informing defendant that plea waives appellate challenges to pretrial motions; omission renders plea involuntary | State: Trial court satisfied Crim.R. 11; no authority requires specific waiver of appeals of pretrial motions at plea colloquy; advisement of appeal rights arises at sentencing | Court: Overrules assignment; no Crim.R. 11(C) violation. Trial court’s plea colloquy was sufficient; specific advisement regarding appeals of pretrial motions was not required to make plea knowing and voluntary |
Key Cases Cited
- State v. Barker, 129 Ohio St.3d 472 (2011) (describing requirement that guilty pleas be knowing, intelligent, and voluntary)
- State v. Veney, 120 Ohio St.3d 176 (2008) (distinguishing strict vs. substantial compliance under Crim.R. 11 and requiring strict compliance for constitutional advisements)
- State v. Gegia, 157 Ohio App.3d 112 (2004) (guilty plea waives prior non-constitutional challenges unless they affected plea voluntariness)