2013 Ohio 2268
Ohio Ct. App.2013Background
- Defendant McFarland pleaded guilty to five counts (four unlawful sexual conduct with a minor, one pandering sexually oriented matter) under a plea agreement with a six-year recommended sentence.
- Trial court accepted the guilty plea and imposed six years (consecutive terms: four one-year counts and two-year count).
- McFarland did not directly appeal the conviction and sentence; he later sought to withdraw his plea through several post-conviction motions.
- The first presentence motion to withdraw plea was denied; the appellate court previously affirmed the denial as not showing manifest injustice.
- In 2012 McFarland filed new post-plea motions including a request to reassign the case; the trial court denied without a hearing, leading to this appeal.
- The State did not file a brief; the appellate court considered McFarland’s statements and arguments for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an evidentiary hearing was required for the post-sentence motion to withdraw the plea. | McFarland | McFarland | No; no new evidence showed manifest injustice so no hearing was required. |
| Whether the trial court erred by denying withdrawal of the plea after the plea was entered. | McFarland | McFarland | No; res judicata barred the post-sentence motion; issues were previously raised. |
| Whether the judge should have recused himself from the case. | McFarland | McFarland | No; disqualification is handled via Supreme Court; appellate court lacks authority to rule on recusal. |
Key Cases Cited
- State v. Jones, 2008-Ohio-6974 (2008) (abuse-of-discretion standard for Crim.R. 32.1 motions; manifest injustice burden)
- State v. Bari, 2008-Ohio-3663 (2008) (evidentiary burden in presentence/postsentence motions to withdraw plea)
- State v. Lankford, 2007-Ohio-3330 (2007) (res judicata bars subsequent Crim.R. 32.1 motions not appealed)
- State v. Zhao, 2004-Ohio-3245 (2004) (res judicata application in Crim.R. 32.1 context)
- State v. Rexroad, 2004-Ohio-6271 (2004) (similar res judicata principle in plea-withdrawal context)
- State v. McDonald, 2004-Ohio-6332 (2004) (restates res judicata limitations on subsequent motions)