State v. Linder
2013 Ohio 5018
Ohio Ct. App.2013Background
- In 1993 Linder pleaded guilty to an amended count of aggravated murder and was sentenced to 20 years-to-life plus a 3-year firearm specification. He filed a motion to withdraw his plea in 1993 which was denied and that denial was affirmed on direct appeal.
- Nineteen years later (2012) Linder filed a second postsentence motion to withdraw his guilty plea, alleging procedural defects at the plea hearing, ineffective assistance of trial counsel, and newly discovered evidence (a recanting witness affidavit) proving actual innocence.
- The trial court denied the 2012 motion without issuing findings of fact and conclusions of law. Linder appealed pro se.
- The court considered whether the claims were barred by res judicata, whether the trial court was required to issue findings/conclusions, and whether the new affidavit established manifest injustice warranting plea withdrawal and an evidentiary hearing.
- The court concluded most claims were barred by res judicata, that findings/conclusions are not required on a Crim.R. 32.1 postsentence motion, and that the recantation did not establish manifest injustice or actual innocence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Res judicata bars claims previously litigated or that could have been raised on direct appeal | State: Linder’s claims (single-judge acceptance, lack of prior calculation finding, ineffective assistance, competency) were or could have been raised earlier and are barred | Linder: These defects rendered his plea invalid and could be raised now | Held: Barred by res judicata; claims overruled |
| Requirement to issue findings of fact and conclusions of law on motion denial | State: Not required under Crim.R. 32.1; appellate review possible without them | Linder: Trial court erred by not making findings/conclusions when denying his motion | Held: No requirement to issue findings/conclusions; assignment overruled |
| Whether recanted affidavit is newly discovered evidence showing manifest injustice/actual innocence | State: Recantation is suspect and did not undermine the multiple sources of evidence implicating Linder | Linder: Terry Russell’s affidavit proves he was coerced and establishes innocence, so plea must be withdrawn | Held: Recantation insufficient to show manifest injustice or actual innocence; no withdrawal or evidentiary hearing required |
| Ineffective assistance of counsel / failure to request competency hearing | State: Claim could have been raised on direct appeal and is barred by res judicata | Linder: Counsel failed to inform him of insufficient evidence and did not seek competency hearing, rendering plea involuntary | Held: Claim is barred by res judicata and overruled |
Key Cases Cited
- State v. Saxon, 109 Ohio St.3d 176, 846 N.E.2d 824 (2006) (res judicata bars issues that could have been raised on direct appeal)
- State v. Ketterer, 126 Ohio St.3d 448, 935 N.E.2d 9 (2010) (Crim.R. 32.1 claims are barred by res judicata if they were or could have been raised earlier)
- State ex rel. Chavis v. Griffin, 91 Ohio St.3d 50, 741 N.E.2d 130 (2001) (Crim.R. 32.1 does not require written findings of fact and conclusions of law when denying a motion to withdraw a plea)
- State v. Smith, 49 Ohio St.2d 261, 361 N.E.2d 1324 (1977) (defendant bears burden of proving manifest injustice to withdraw plea after sentencing)
- United States v. Lewis, 338 F.2d 137 (6th Cir. 1964) (recanted testimony must be treated with great suspicion)
- State v. Griggs, 103 Ohio St.3d 85, 814 N.E.2d 5 (2004) (a guilty plea without protest is presumed to be a complete admission of guilt)