State v. Long
2016 Ohio 837
Ohio Ct. App.2016Background
- John W. Long was indicted on multiple felonies; he ultimately pled guilty to two counts of aggravated robbery and one count of failure to comply; remaining counts were dismissed.
- Long signed a written plea agreement that acknowledged waivers of several constitutional rights, including the right to call witnesses and confront them.
- At the plea hearing the trial court orally advised Long of several rights (jury trial, unanimous verdict, confrontation, right against self-incrimination) but omitted advising him of his right to compulsory process (the right to have subpoenas issued to obtain witnesses in his favor).
- The trial court accepted Long’s guilty pleas without orally informing him of the compulsory-process right as required by Crim.R. 11(C)(2)(c).
- The State conceded error on appeal; the appellate court agreed that the trial court erred and reversed and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court complied with Crim.R. 11(C)(2)(c) by informing defendant of rights before accepting a felony plea | State conceded the court failed to advise of compulsory process and thus erred | Long argued the plea was invalid because the court did not orally inform him of the right to compulsory process | Court sustained the assignment of error: strict compliance required; plea invalidated and case remanded |
Key Cases Cited
- State v. Veney, 897 N.E.2d 621 (Ohio 2008) (trial courts must strictly comply with all parts of Crim.R. 11(C)(2)(c); omission of any right in that subsection invalidates a plea)
- State v. Thomas, 688 N.E.2d 602 (Ohio Ct. App.) (failure to advise defendant of right to subpoena witnesses and that plea waives compulsory process invalidates plea)