State v. Miller
2016 Ohio 7360
| Ohio Ct. App. | 2016Background
- Michael J. Miller was arrested April 19, 2015, and indicted on aggravated murder and aggravated robbery; he pled guilty to aggravated murder on April 30, 2015, and was sentenced to life without parole as part of a plea bargain.
- Miller did not file a direct appeal; on October 27, 2015, he filed a petition for postconviction relief under R.C. 2953.21 and a Crim.R. 32.1 postsentence motion to withdraw his guilty plea.
- Miller's filings alleged ineffective assistance of retained counsel: failure to obtain discovery, coercion to plead guilty, and that Miller was impaired (on OxyContin/Xanax and experiencing withdrawal) at the plea hearing; he supported these claims with his own affidavit.
- The trial court denied both the PCR petition and the motion to withdraw the plea without an evidentiary hearing, concluding Miller's affidavit was self-serving and contradicted the transcript of the plea colloquy.
- The plea hearing transcript showed the trial court thoroughly questioned Miller and counsel; Miller stated he had adequate time with counsel, had reviewed discovery, was not under the influence, and was satisfied with counsel.
- Miller appealed, arguing the trial court abused its discretion by refusing an evidentiary hearing and denying relief.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Miller) | Held |
|---|---|---|---|
| Whether the trial court erred by denying an evidentiary hearing on Miller's PCR petition alleging ineffective assistance of counsel | The court properly denied a hearing because Miller's affidavit was incredible and contradicted the plea colloquy; petitioner failed to show substantive grounds for relief under R.C. 2953.21 | Counsel was ineffective (no discovery, coerced plea) and Miller was impaired/withdrawing at plea; these facts warrant a hearing | No error: affidavit lacked credibility; record demonstrated plea was knowing, intelligent, voluntary; no substantive grounds for PCR and no prejudice shown |
| Whether the postsentence Crim.R. 32.1 motion to withdraw plea established manifest injustice | The plea record refuted Miller's claims; no manifest injustice shown; trial court acted within discretion to deny without hearing | Plea was involuntary due to coercion, counsel deficiencies, and drug withdrawal, creating manifest injustice | Denied: Miller failed to show a fundamental flaw or reasonable probability he would not have pled but for counsel’s alleged deficiencies |
Key Cases Cited
- State v. Calhoun, 86 Ohio St.3d 279 (Ohio 1999) (affidavits in postconviction proceedings may be discredited without an evidentiary hearing; factors for assessing credibility)
- State v. Xie, 62 Ohio St.3d 521 (Ohio 1992) (standard for ineffective assistance in guilty-plea context: deficient performance and prejudice)
- State v. Watson, 126 Ohio App.3d 316 (12th Dist. 1998) (petitioner must show substantive grounds for relief from record, affidavits, and files to warrant a hearing under R.C. 2953.21)
- State v. Smith, 49 Ohio St.2d 261 (Ohio 1977) (postsentence motion to withdraw guilty plea requires showing of manifest injustice)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective assistance test)
- State v. Morris, 132 Ohio St.3d 337 (Ohio 2012) (abuse-of-discretion standard in reviewing postconviction and plea-withdrawal rulings)