State v. Minifee, 2019 Ohio 4464

In April 2012 appellant Patrick A. Minifee attempted to rob an off‑duty Cleveland police officer; both were shot. Minifee faced multiple felonies (kidnapping, attempted murder, felonious assault, aggravated robbery, weapons offenses, tampering, etc.).
Under a plea agreement Minifee pleaded guilty and the state recommended a 19½‑year prison term; at sentencing he orally moved to withdraw his plea and requested new counsel, which the trial court denied before imposing the agreed sentence.
Minifee appealed; this court affirmed the convictions. He later unsuccessfully sought reopening under App.R. 26(B) and lost a postconviction petition challenging a purported attempted‑felony‑murder theory. Those proceedings are part of the procedural history.
In October 2018 Minifee filed a “motion to vacate void plea,” arguing the trial court proceeded to disposition without first holding a competency hearing as required by R.C. 2945.37.
The record contains psychiatric clinic reports filed before the plea finding Minifee sane at the time of the offense and competent to stand trial; Minifee initially objected to those reports but never obtained or filed an independent evaluation and actively participated in plea negotiations and the plea colloquy.
The trial court denied the motion to vacate; Minifee appealed, arguing the lack of a competency hearing rendered his plea void.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether proceeding to disposition without a competency hearing rendered the plea void	State: claim is barred by res judicata and waived by guilty plea; no record indicia of incompetence	Minifee: trial court failed to hold statutorily required competency hearing, so plea is void	Court: Affirmed. Claim barred by res judicata; on merits presumption of competence not rebutted (psychiatric report + active plea colloquy); no hearing required
Whether the competency claim was procedurally barred (res judicata/waiver)	State: issue could have been raised on direct appeal and is waived by guilty plea	Minifee: competency issue is jurisdictional/statutory and must be heard despite plea	Court: Held claim is barred by res judicata and waiver; alternatively, no merit because record lacked sufficient indicia of incompetence

State v. Saxon, 826 N.E.2d 824 (Ohio 2006) (res judicata bars issues that could have been raised on direct appeal)
State v. Skatzes, 819 N.E.2d 215 (Ohio 2004) (convicting a defendant who is not competent violates due process)
State v. Mink, 805 N.E.2d 1064 (Ohio 2004) (competency to plead uses same standard as competency to stand trial)
Dusky v. United States, 362 U.S. 402 (U.S. 1960) (familiar Dusky standard for competency: factual and rational understanding and ability to consult with counsel)
State v. Were, 890 N.E.2d 263 (Ohio 2008) (defendant presumed competent; burden on defendant to prove incompetence)
State v. Berry, 650 N.E.2d 433 (Ohio 1995) (competency hearing constitutionally required only when record contains sufficient indicia of incompetence)