2017 Ohio 706
Ohio Ct. App.2017Background
- On May 5, 2014, Gary D. Massey stabbed and stomped Timothy Martz after an altercation; Massey later confessed in a recorded police interrogation describing the events in detail.
- Massey has bipolar disorder and was taking Zoloft, Seroquel, and lithium; at the plea hearing he acknowledged taking his normal medications and stated they did not impair his thinking.
- Indicted for murder on August 1, 2014; on August 13, 2014 Massey entered a written guilty plea to murder (R.C. 2903.02(B)) and was immediately sentenced to 15 years to life.
- In February 2016 Massey filed a post-sentence motion to withdraw his guilty plea, asserting ineffective assistance of counsel, lack of recollection/competency at plea, he was rushed into pleading, and counsel misadvised about potential sentencing exposure.
- The trial court denied the motion on March 7, 2016; Massey appealed, arguing the court abused its discretion in denying the motion to withdraw.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Massey) | Held |
|---|---|---|---|
| Whether plea withdrawal warranted because Massey lacked memory of the crime at plea | State: Plea was knowing and voluntary; prior detailed confession shows knowledge and culpability | Massey: At plea he had no recollection of the crime and was not competent to plead | Denied — court found Massey mentally clear at plea and prior confession established culpability |
| Whether post-conviction psychiatric treatment showing a different recollection requires withdrawal | State: New recollection does not overcome prior confession and plea colloquy | Massey: Treatment revealed the killing was accidental, altering culpability | Denied — record shows intent (stomping to ensure victim couldn’t harm him); new assertion unsupported |
| Whether Massey was rushed into pleading and lacked time to consult counsel | State: Adequate time elapsed between indictment and plea; court questioned satisfaction with counsel | Massey: Counsel rushed him into a plea | Denied — court found no rush; Massey stated he had sufficient time and was satisfied with counsel |
| Whether counsel told Massey the state would seek harsher sentence if he did not plead (and actual exposure) | State: There was no indication the prosecutor sought more than lawful sentence; plea colloquy confirmed Massey knew he faced 15-to-life | Massey: Counsel threatened state would seek harsher (30-to-life) to coerce plea; actual exposure was the sentence received | Denied — record indicates Massey understood the 15-to-life exposure and the state did not seek a different term |
Key Cases Cited
- Ferranto v. Ohio, 112 Ohio St. 667 (1925) (definition of abuse of discretion and standard for reviewing lower-court decision)
- State v. Caraballo, 17 Ohio St.3d 66 (trial court admonitions and rationale for discouraging plea withdrawals)