State v. Miranda, 2013 Ohio 5109

Miranda was indicted Feb. 4, 2011 on one count of engaging in a pattern of corrupt activity, three counts of trafficking in marijuana, and three counts of possession of marijuana, with co-defendants Hector Martinez, Arnaldo Miranda, and Jermaine Howell.
Miranda moved Apr. 18, 2011 to suppress GPS tracking and derivative evidence, arguing lack of warrant for GPS placement.
The state countered May 11, 2011 that no warrant was needed to observe GPS surveillance where the driver drives, citing Johnson; the trial court denied the suppression motion.
On July 25, 2011 Miranda pled guilty to one trafficking count; the remaining six counts were nolled; sentence entered Jul. 26, 2011.
In Aug. 2012 Miranda filed a pro se motion for reconsideration based on United States v. Jones; the state and court considered arguments, and the trial court denied reconsideration in Nov. 2012.
Dec. 13, 2012 Miranda, pro se, moved to withdraw guilty plea alleging ineffective assistance of counsel for not advising about preserving suppression issue via a no contest plea; the trial court denied on Mar. 1, 2013.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the post-sentencing Crim.R. 32.1 motion required a hearing	Miranda argues ineffective assistance and manifest injustice warrant a hearing.	State argues no hearing needed where record shows no basis for relief.	No hearing required; no manifest injustice shown.

State v. Smith, 49 Ohio St.2d 261 (Ohio 1977) (post-sentence plea withdrawal discretion)
State v. Dalton, 153 Ohio App.3d 286 (10th Dist. 2003) (ineffective assistance as manifest injustice test for plea withdrawal)
State v. James, 2006-Ohio-2478 (1st Dist. 2006) (counsel not deficient for tactical decisions preserving appeal)