State v. Malone, 2013 Ohio 2605

Malone was indicted on aggravated burglary, gross sexual imposition, and assault in Lorain County (case 09CR078640).
The State amended the indictment, dropping the gross sexual imposition charge; Malone pled guilty to aggravated burglary and assault on February 17, 2010.
Malone also pled guilty in a related case (09CR079566) for robbery with a repeat violent offender specification.
Sentencing occurred on June 11, 2010, with four years for aggravated burglary and four months for assault; sentences run concurrently but prior to the other case, to aid early release.
Malone moved to withdraw his guilty plea pro se on December 27, 2011; the trial court denied without a hearing; Malone appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the motion to withdraw the guilty plea was properly denied	Malone asserts defense counsel ineffective and plea not knowingly made	State contends no manifest injustice; guilty plea valid	Denied; court found no manifest injustice and no deficient performance
Whether Malone received ineffective assistance of counsel	Malone claims counsel failed to inform him of weak evidence and to pursue pretrial issues	State argues no prejudice shown; record supports counsel's strategy	Overruled; no proven deficient performance or prejudice

Bradley v. Levine, 42 Ohio St.3d 136 (1989) (Strickland standard applied to effectiveness of counsel in Ohio)
Engle v. State, 74 Ohio St.3d 525 (1996) (waiver and knowing, intelligent plea requirements)
Clark v. State, 119 Ohio St.3d 239 (2008) (Criminal Rule 11 colloquy; knowing and voluntary plea)
Bradley, State v., 42 Ohio St.3d 136 (1989) (Strickland standard; reasonable basis for counsel's performance)
Strickland v. Washington, 466 U.S. 668 (1984) (establishes deficient performance and prejudice)