State v. Kemp
2014 Ohio 4607
Ohio Ct. App.2014Background
- In 2002 Kemp participated in a drug sale-turned-robbery; shots were fired and one accomplice died.
- Kemp was indicted on murder, aggravated robbery, robbery, and tampering; murder and aggravated robbery included firearm specifications.
- In 2003 Kemp accepted a plea bargain: guilty to involuntary manslaughter (R.C. 2903.04(A)) and aggravated robbery, with other counts/specifications dismissed and an agreed 16-year sentence (two 8-year consecutive terms).
- Kemp appealed the plea in 2003; this court affirmed the voluntariness of the plea in State v. Kemp (Kemp I).
- In 2014 Kemp moved under Crim.R. 32.1 to withdraw his guilty plea claiming it was not knowingly, intelligently, and voluntarily entered and that counsel was ineffective; the trial court denied the motion without a hearing, finding no manifest injustice and that claims were barred by res judicata.
- Kemp appealed the denial; the appellate court affirmed, rejecting his claims about voluntariness, jurisdiction, consecutive sentences, and ineffective assistance.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Kemp) | Held |
|---|---|---|---|
| Whether post‑sentence plea withdrawal requires a hearing | Denial is proper where movant fails to show manifest injustice | Kemp argued the motion required an evidentiary hearing and factual findings | Denial without hearing was proper; hearing not required when denial is warranted under Francis and Crim.R. 32.1 |
| Whether Kemp’s plea was knowingly, intelligently, voluntarily entered | Voluntariness already litigated and affirmed on direct appeal; barred by res judicata | Plea was involuntary and counsel ineffective at plea | Plea voluntariness previously reviewed on direct appeal; claim barred by res judicata |
| Whether trial court lacked subject‑matter jurisdiction because manslaughter is a misdemeanor | State: involuntary manslaughter is a felony here (R.C. 2903.04(A)); court had jurisdiction | Kemp argued the conviction should be a misdemeanor manslaughter and sentences concurrent | Court held Kemp’s premise false: involuntary manslaughter here was a felony; court had jurisdiction; claim meritless |
| Whether counsel was ineffective for not objecting to consecutive agreed sentences | State: sentence was an agreed 16‑year term; agreed sentences and ineffective-assistance claims should have been raised on direct appeal and are barred | Kemp argued counsel erred by not objecting to consecutive sentences | Court held agreed sentence waives review; ineffective-assistance claim barred by res judicata; no manifest injustice shown |
Key Cases Cited
- State v. Blatnik, 17 Ohio App.3d 201 (6th Dist. 1984) (Crim.R. 32.1 withdrawal only to correct manifest injustice)
- State v. Francis, 104 Ohio St.3d 490 (Ohio 2004) (trial court should hold hearing on withdrawal motion unless denial is clearly warranted)
- State v. Smith, 49 Ohio St.2d 261 (Ohio 1977) (undue delay in filing withdrawal motion undermines credibility)
- State v. Szefcyk, 77 Ohio St.3d 93 (Ohio 1996) (res judicata bars issues raised or that could have been raised on direct appeal)