State v. Masters
2013 Ohio 3147
Ohio Ct. App.2013Background
- Appellant William Masters pled guilty to 12 counts of aggravated robbery, 12 counts of kidnapping, and one each of disrupting public services and vandalism in the armed poker game robbery case.
- Sentencing on April 14, 2010: five years on each aggravated robbery and kidnapping count, three years for related firearm specifications, and minimum terms for the other offenses; total eight years, with certain terms running concurrently.
- Direct appeal filed May 17, 2010; this court remanded on March 3, 2011 to determine if aggravated robbery and kidnapping convictions should merge as allied offenses.
- Resentencing occurred May 23, 2011, with an eight-year term after the remand.
- More than a year later, on September 20, 2012, Masters filed an untimely petition for postconviction relief under R.C. 2953.23, asserting ineffective assistance of counsel during the plea proceedings.
- The trial court denied the petition without a hearing on October 30, 2012; Masters appeals challenging timeliness and effectiveness claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the postconviction petition was timely | Masters | Masters | Untimely petition; court lacked jurisdiction to review |
| Whether Lafler and Frye create a retroactive right to effective assistance at plea, requiring relief | Masters | Masters | No retroactive right recognized; exceptions not met; petition untimely sustains denial |
Key Cases Cited
- Lafler v. Cooper, 566 U.S. 156 (2012) (plea negotiations; no retroactive right established)
- Missouri v. Frye, 566 U.S. 134 (2012) (plea-bargaining ineffective assistance; retroactivity not established)